Kentucky 2023 Regular Session Status: Enacted

HB 387 — AN ACT relating to reorganization.

Last action — signed by Governor (Acts Ch. 25)

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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 February 21, 2023. Enacted.

Prognosis

Likely to advance 68% · moderate confidence

Where this bill stands today.

Odds of enactment

High

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  • Enacted

    Current position in the legislative process.

  • Cleared a recorded vote

    Passed 2 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.

Summary

Amend KRS 12.550, 21A.190, 164.020, 194A.030, 194A.564, 194A.601, 199.665, 199.8943, 199.8996, 205.470, 205.525, 205.619, 205.702, 205.704, 209A.122, 210.031, 210.300, 210.365, 210.366, 210.368, 211.027, 211.297, 211.577, 211.684, 214.544, 214.556, 214.564, 214.640, 214.645, 216.2929, 216B.457, 260.032, 304.14-642, 315.0351, 625.120, and 620.055 to reference newly established legislative committees on Families and Children and Health Services.

Bill Text

What changed in the latest version

2033 added · 2769 removed

2033 line(s) added, 2769 removed.

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UNOFFICIAL COPY 23 RS HB 387/GA AN ACT relating to reorganization.
CHAPTER 25 1 CHAPTER 25 ( HB 387 ) AN ACT relating to reorganization.
Each appointment after the Page 1 of 93 HB038710.100 - 1087 - XXXX 3/7/2023 7:46 PM GA UNOFFICIAL COPY 23 RS HB 387/GA initial appointment shall be for a three (3) year term unless the appointment is to fill the unexpired portion of a term.
Each appointment after the initial appointment shall be for a three (3) year term unless the appointment is to fill the unexpired portion of a term.
(k) The council shall establish the Governor's Wellness and Physical Activity Program, Inc.
Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY (k) The council shall establish the Governor's Wellness and Physical Activity Program, Inc.
pursuant to the requirements in KRS 12.020, 12.023, and Page 2 of 93 HB038710.100 - 1087 - XXXX 3/7/2023 7:46 PM GA UNOFFICIAL COPY 23 RS HB 387/GA 12.550.
pursuant to the requirements in KRS 12.020, 12.023, and 12.550.
and Page 3 of 93 HB038710.100 - 1087 - XXXX 3/7/2023 7:46 PM GA UNOFFICIAL COPY 23 RS HB 387/GA (b) Termination of parental rights proceedings under KRS Chapter 625.
and (b) Termination of parental rights proceedings under KRS Chapter 625.
Recommendations for statutory changes which may be needed if the Page 4 of 93 HB038710.100 - 1087 - XXXX 3/7/2023 7:46 PM GA UNOFFICIAL COPY 23 RS HB 387/GA program is to be made permanent and expanded to all courts.
Recommendations for statutory changes which may be needed if the program is to be made permanent and expanded to all courts.
(4) The Administrative Office of the Courts:
CHAPTER 25 3 (4) The Administrative Office of the Courts:
The Council on Postsecondary Education shall have the final authority to determine the compliance Page 5 of 93 HB038710.100 - 1087 - XXXX 3/7/2023 7:46 PM GA UNOFFICIAL COPY 23 RS HB 387/GA of postsecondary institutions with their academic, service, and research missions;
The Council on Postsecondary Education shall have the final authority to determine the compliance of postsecondary institutions with their academic, service, and research missions;
In determining the tuition for non-Kentucky residents, the council shall consider the fees required of Kentucky students by institutions in adjoining states, the resident fees charged by other states, the total actual per student cost of training in the institutions for which the fees are being determined, and the ratios of Kentucky students to non-Kentucky students comprising the enrollments of the respective institutions, and other factors the council may in its sole discretion deem pertinent, except that the Kentucky Community and Technical College System may assess a mandatory student fee not to exceed eight dollars ($8) per credit hour to be used Page 6 of 93 HB038710.100 - 1087 - XXXX 3/7/2023 7:46 PM GA UNOFFICIAL COPY 23 RS HB 387/GA exclusively for debt service on amounts not to exceed seventy-five percent (75%) of the total projects cost of the Kentucky Community and Technical College System agency bond projects included in 2014 Ky.
In determining the tuition for non-Kentucky residents, the council shall consider the fees required of Kentucky students by institutions in adjoining states, the resident fees charged by other states, the total actual per student cost of training in the institutions for which the fees are being determined, and the ratios of Kentucky students to non-Kentucky students comprising the enrollments of the respective institutions, and other factors the council may in its sole discretion deem pertinent, except that the Kentucky Community and Technical College System may assess a mandatory student fee not to exceed eight dollars ($8) per credit hour to be used exclusively for debt service on amounts not to exceed seventy-five percent (75%) of the total projects cost of the Kentucky Community and Technical College System agency bond projects included in 2014 Ky.
(d) Prior to the issuance of any bonds, the Kentucky Community and Technical College System shall certify in writing to the secretary of the Finance and Administration Cabinet that sufficient funds have been raised to meet the local match equivalent to twenty-five percent (25%) of the total project cost;
Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY (d) Prior to the issuance of any bonds, the Kentucky Community and Technical College System shall certify in writing to the secretary of the Finance and Administration Cabinet that sufficient funds have been raised to meet the local match equivalent to twenty-five percent (25%) of the total project cost;
(11) (a) Except as provided in paragraph (b) of this subsection, review and approve all capital construction projects covered by KRS 45.750(1)(f), including real property acquisitions, and regardless of the source of funding for projects or Page 7 of 93 HB038710.100 - 1087 - XXXX 3/7/2023 7:46 PM GA UNOFFICIAL COPY 23 RS HB 387/GA acquisitions.
(11) (a) Except as provided in paragraph (b) of this subsection, review and approve all capital construction projects covered by KRS 45.750(1)(f), including real property acquisitions, and regardless of the source of funding for projects or acquisitions.
The council shall expedite wherever possible the approval of requests from the Kentucky Community and Technical College System board of regents relating to new certificate, diploma, Page 8 of 93 HB038710.100 - 1087 - XXXX 3/7/2023 7:46 PM GA UNOFFICIAL COPY 23 RS HB 387/GA technical, or associate degree programs of a vocational-technical and occupational nature.
The council shall expedite wherever possible the approval of requests from the Kentucky Community and Technical College System board of regents relating to new certificate, diploma, technical, or associate degree programs of a vocational-technical and occupational nature.
(17) Ensure the governing board and faculty of all postsecondary education institutions are committed to providing instruction free of discrimination against students who hold political views and opinions contrary to those of the governing board and faculty;
CHAPTER 25 5 (17) Ensure the governing board and faculty of all postsecondary education institutions are committed to providing instruction free of discrimination against students who hold political views and opinions contrary to those of the governing board and faculty;
(19) Postpone the approval of any new program at a state postsecondary educational Page 9 of 93 HB038710.100 - 1087 - XXXX 3/7/2023 7:46 PM GA UNOFFICIAL COPY 23 RS HB 387/GA institution, unless the institution has met its equal educational opportunity goals, as established by the council.
(19) Postpone the approval of any new program at a state postsecondary educational institution, unless the institution has met its equal educational opportunity goals, as established by the council.
(24) Monitor and transmit a report on compliance with KRS 164.351 to the director of the Legislative Research Commission for distribution to the Interim Joint Page 10 of 93 HB038710.100 - 1087 - XXXX 3/7/2023 7:46 PM GA UNOFFICIAL COPY 23 RS HB 387/GA Committee on Families and Children[Health and Welfare Committee];
(24) Monitor and transmit a report on compliance with KRS 164.351 to the director of the Legislative Research Commission for distribution to the Interim Joint Committee on Families and Children[Health and Welfare Committee];
(b) Offer, in cooperation with the public universities and the Kentucky Page 11 of 93 HB038710.100 - 1087 - XXXX 3/7/2023 7:46 PM GA UNOFFICIAL COPY 23 RS HB 387/GA Community and Technical College System, continuing education opportunities for all council and governing board members;
(b) Offer, in cooperation with the public universities and the Kentucky Community and Technical College System, continuing education opportunities for all council and governing board members;
and (c) Review and approve the orientation programs of each public university and the Kentucky Community and Technical College System for their governing board members to ensure that all programs and information adhere to this subsection;
and Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY (c) Review and approve the orientation programs of each public university and the Kentucky Community and Technical College System for their governing board members to ensure that all programs and information adhere to this subsection;
(33) Develop a statewide policy to promote employee and faculty development in state and locally operated secondary area technology centers through the waiver of Page 12 of 93 HB038710.100 - 1087 - XXXX 3/7/2023 7:46 PM GA UNOFFICIAL COPY 23 RS HB 387/GA tuition for college credit coursework in the public postsecondary education system.
(33) Develop a statewide policy to promote employee and faculty development in state and locally operated secondary area technology centers through the waiver of tuition for college credit coursework in the public postsecondary education system.
(37) Pursuant to KRS 63.080, review written notices from the Governor or from a board of trustees or board of regents concerning removal of a board member or the entire appointed membership of a board, investigate the member or board and the conduct alleged to support removal, and make written recommendations to the Governor and the Legislative Research Commission as to whether the member or board Page 13 of 93 HB038710.100 - 1087 - XXXX 3/7/2023 7:46 PM GA UNOFFICIAL COPY 23 RS HB 387/GA should be removed;
(37) Pursuant to KRS 63.080, review written notices from the Governor or from a board of trustees or board of regents concerning removal of a board member or the entire appointed membership of a board, investigate the member or board and the conduct alleged to support removal, and make written recommendations to the Governor and the Legislative Research Commission as to whether the member or board should be removed;
Within the Office of the Secretary, there shall be an Office of the Ombudsman and Administrative Review, an Office of Legal Services, an Office of Inspector General, an Office of Public Affairs, an Office of Human Resource Management, an Office of Finance and Budget, an Office of Legislative and Regulatory Affairs, an Office of Administrative Services, an Office of Application Technology Services and an Office of Data Analytics, as follows:
Within the Office of the Secretary, there shall be an Office of the Ombudsman and Administrative Review, an Office of Legal Services, an Office of Inspector General, an Office of Public CHAPTER 25 7 Affairs, an Office of Human Resource Management, an Office of Finance and Budget, an Office of Legislative and Regulatory Affairs, an Office of Administrative Services, an Office of Application Technology Services and an Office of Data Analytics, as follows:
Page 14 of 93 HB038710.100 - 1087 - XXXX 3/7/2023 7:46 PM GA UNOFFICIAL COPY 23 RS HB 387/GA 3.
3.
The Page 15 of 93 HB038710.100 - 1087 - XXXX 3/7/2023 7:46 PM GA UNOFFICIAL COPY 23 RS HB 387/GA Office of Legal Services shall employ all attorneys of the cabinet who serve the cabinet in the capacity of attorney, giving legal advice and opinions concerning the operation of all programs in the cabinet.
The Office of Legal Services shall employ all attorneys of the cabinet who serve the cabinet in the capacity of attorney, giving legal advice and opinions concerning the operation of all programs in the cabinet.
3.
Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY 3.
The notification and forwarding of any information relevant to possible Page 16 of 93 HB038710.100 - 1087 - XXXX 3/7/2023 7:46 PM GA UNOFFICIAL COPY 23 RS HB 387/GA criminal violations to the appropriate prosecuting authority;
The notification and forwarding of any information relevant to possible criminal violations to the appropriate prosecuting authority;
(g) The Office of Legislative and Regulatory Affairs shall be headed by an executive director appointed by the secretary with the approval of the Page 17 of 93 HB038710.100 - 1087 - XXXX 3/7/2023 7:46 PM GA UNOFFICIAL COPY 23 RS HB 387/GA Governor in accordance with KRS 12.050.
(g) The Office of Legislative and Regulatory Affairs shall be headed by an executive director appointed by the secretary with the approval of the Governor in accordance with KRS 12.050.
The Department for Medicaid Services shall Page 18 of 93 HB038710.100 - 1087 - XXXX 3/7/2023 7:46 PM GA UNOFFICIAL COPY 23 RS HB 387/GA serve as the single state agency in the Commonwealth to administer Title XIX of the Federal Social Security Act.
The Department for Medicaid Services shall serve as the single state agency in the Commonwealth to administer Title XIX of the Federal Social Security Act.
The commissioner for Medicaid services shall exercise authority over the Department for Medicaid Services under the direction of the secretary and shall only fulfill those responsibilities as delegated by the secretary;
The commissioner for Medicaid services shall exercise authority over the Department for CHAPTER 25 9 Medicaid Services under the direction of the secretary and shall only fulfill those responsibilities as delegated by the secretary;
The Page 19 of 93 HB038710.100 - 1087 - XXXX 3/7/2023 7:46 PM GA UNOFFICIAL COPY 23 RS HB 387/GA Department for Behavioral Health, Developmental and Intellectual Disabilities shall develop and administer programs for the prevention of mental illness, intellectual disabilities, brain injury, developmental disabilities, and substance use disorders and shall develop and administer an array of services and support for the treatment, habilitation, and rehabilitation of persons who have a mental illness or emotional disability, or who have an intellectual disability, brain injury, developmental disability, or a substance use disorder.
The Department for Behavioral Health, Developmental and Intellectual Disabilities shall develop and administer programs for the prevention of mental illness, intellectual disabilities, brain injury, developmental disabilities, and substance use disorders and shall develop and administer an array of services and support for the treatment, habilitation, and rehabilitation of persons who have a mental illness or emotional disability, or who have an intellectual disability, brain injury, developmental disability, or a substance use disorder.
Page 20 of 93 HB038710.100 - 1087 - XXXX 3/7/2023 7:46 PM GA UNOFFICIAL COPY 23 RS HB 387/GA (6) Department for Family Resource Centers and Volunteer Services.
(6) Department for Family Resource Centers and Volunteer Services.
The department shall serve as the state unit as required by Title II and Title XVI of the Social Security Act, and shall have responsibility for determining eligibility for disability for those citizens of the Commonwealth who file applications for disability with the Social Security Administration.
The department shall serve as the state unit as required by Title II and Title XVI of the Social Security Act, and shall have responsibility for determining eligibility for disability for those citizens of the Commonwealth who file applications for disability with the Social Security Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY Administration.
and Page 21 of 93 HB038710.100 - 1087 - XXXX 3/7/2023 7:46 PM GA UNOFFICIAL COPY 23 RS HB 387/GA (9) Department for Aging and Independent Living.
and (9) Department for Aging and Independent Living.
Page 22 of 93 HB038710.100 - 1087 - XXXX 3/7/2023 7:46 PM GA UNOFFICIAL COPY 23 RS HB 387/GA (1) The Office of Dementia Services is established within the cabinet.
(1) The Office of Dementia Services is established within the cabinet.
and (i) Completing other duties relevant to supporting policy development and Page 23 of 93 HB038710.100 - 1087 - XXXX 3/7/2023 7:46 PM GA UNOFFICIAL COPY 23 RS HB 387/GA implementation to support individuals with dementia and their family caregivers.
and (i) Completing other duties relevant to supporting policy development and implementation to support individuals with dementia and their family caregivers.
(b) "Performance-based contracting" means an approach that stresses permanency outcomes for children and utilizes a payment structure that reinforces provider agencies' efforts to offer services that improve the outcomes for children;
CHAPTER 25 11 (b) "Performance-based contracting" means an approach that stresses permanency outcomes for children and utilizes a payment structure that reinforces provider agencies' efforts to offer services that improve the outcomes for children;
(2) The secretary shall designate a study group to make recommendations regarding the creation and implementation of performance-based contracting for licensed child- caring facilities and child-placing agencies in the Commonwealth.
(2) The secretary shall designate a study group to make recommendations regarding the creation and implementation of performance-based contracting for licensed child-caring facilities and child-placing agencies in the Commonwealth.
(4) In its deliberations, the study group shall include but not be limited to analysis of improved timeliness and likelihood of permanency such as reunification, adoption, Page 24 of 93 HB038710.100 - 1087 - XXXX 3/7/2023 7:46 PM GA UNOFFICIAL COPY 23 RS HB 387/GA or guardianship;
(4) In its deliberations, the study group shall include but not be limited to analysis of improved timeliness and likelihood of permanency such as reunification, adoption, or guardianship;
(a) Establish and implement performance-based contracting for licensed child- caring facilities and child-placing agencies that contract with the department for services;
(a) Establish and implement performance-based contracting for licensed child-caring facilities and child- placing agencies that contract with the department for services;
and (b) Apply and implement all standards, processes, and procedures established for performance-based contracting for licensed child-caring facilities and child- placing agencies in accordance with paragraph (a) of this subsection to all other cabinet-operated programs that are like those operated by child-caring facilities and child-placing agencies.
and (b) Apply and implement all standards, processes, and procedures established for performance-based contracting for licensed child-caring facilities and child-placing agencies in accordance with paragraph (a) of this subsection to all other cabinet-operated programs that are like those operated by child-caring facilities and child-placing agencies.
(2) The Early Childhood Advisory Council shall, in consultation with early care and education providers, the Cabinet for Health and Family Services, and others, including but not limited to child-care resource and referral agencies and family resource centers, Head Start agencies, and the Kentucky Department of Education, Page 25 of 93 HB038710.100 - 1087 - XXXX 3/7/2023 7:46 PM GA UNOFFICIAL COPY 23 RS HB 387/GA develop a quality-based graduated early care and education program rating system for public-funded licensed child-care and certified family child-care homes, public- funded preschool, and Head Start, based on but not limited to:
(2) The Early Childhood Advisory Council shall, in consultation with early care and education providers, the Cabinet for Health and Family Services, and others, including but not limited to child-care resource and referral agencies and family resource centers, Head Start agencies, and the Kentucky Department of Education, develop a quality-based graduated early care and education program rating system for public- funded licensed child-care and certified family child-care homes, public-funded preschool, and Head Start, based on but not limited to:
(b) Administrative and leadership practices;
Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY (b) Administrative and leadership practices;
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(5) The Early Childhood Advisory Council, in consultation with the Kentucky Center for Education and Workforce Statistics, the Kentucky Department of Education, and the Cabinet for Health and Family Services, shall report by October 1 of each Page 26 of 93 HB038710.100 - 1087 - XXXX 3/7/2023 7:46 PM GA UNOFFICIAL COPY 23 RS HB 387/GA year to the Interim Joint Committee on Education on the implementation of the quality-based graduated early childhood rating system.
(5) The Early Childhood Advisory Council, in consultation with the Kentucky Center for Education and Workforce Statistics, the Kentucky Department of Education, and the Cabinet for Health and Family Services, shall report by October 1 of each year to the Interim Joint Committee on Education on the implementation of the quality-based graduated early childhood rating system.
and (b) Reports on the child-care subsidy programs, training, resource and referral, and similar activities upon request by the public, the Early Childhood Advisory Council, or the Child Care Advisory Council, to the extent resources are available within the cabinet and as permitted under the Kentucky Open Page 27 of 93 HB038710.100 - 1087 - XXXX 3/7/2023 7:46 PM GA UNOFFICIAL COPY 23 RS HB 387/GA Records Act, KRS 61.870 to 61.884, and state and federal laws governing the protection of human research subjects.
and (b) Reports on the child-care subsidy programs, training, resource and referral, and similar activities upon request by the public, the Early Childhood Advisory Council, or the Child Care Advisory Council, to the extent resources are available within the cabinet and as permitted under the Kentucky Open Records Act, KRS 61.870 to 61.884, and state and federal laws governing the protection of human research subjects.
(3) By November 1, 2017, the Cabinet for Health and Family Services and the Early Childhood Advisory Council shall report[ to the Interim Joint Committee on Education and the Interim Joint Committee on Health and Welfare] on recommendations and plans for sustaining the quality-based graduated early care and education program after the depletion of federal Race to the Top-Early Learning Challenge grant funds.
CHAPTER 25 13 (3) By November 1, 2017, the Cabinet for Health and Family Services and the Early Childhood Advisory Council shall report[ to the Interim Joint Committee on Education and the Interim Joint Committee on Health and Welfare] on recommendations and plans for sustaining the quality-based graduated early care and education program after the depletion of federal Race to the Top-Early Learning Challenge grant funds.
(2) If state, federal, or other funds are available, the Kentucky Department for Behavioral Health, Developmental and Intellectual Disabilities shall, in cooperation with the Department for Aging and Independent Living and the Department for Medicaid Services, establish a centralized resource and referral center designed as a one-stop, seamless system to provide aging caregivers with information and assistance with choices and planning for long-term supports for individuals with an intellectual disability or developmental disability.
(2) If state, federal, or other funds are available, the Kentucky Department for Behavioral Health, Developmental and Intellectual Disabilities shall, in cooperation with the Department for Aging and Independent Living and the Department for Medicaid Services, establish a centralized resource and referral center designed as a one- stop, seamless system to provide aging caregivers with information and assistance with choices and planning for long-term supports for individuals with an intellectual disability or developmental disability.
Page 28 of 93 HB038710.100 - 1087 - XXXX 3/7/2023 7:46 PM GA UNOFFICIAL COPY 23 RS HB 387/GA 2.
2.
(5) The center created in subsection (2) of this section shall make the information listed in subsection (3) of this section available to the support broker and any Page 29 of 93 HB038710.100 - 1087 - XXXX 3/7/2023 7:46 PM GA UNOFFICIAL COPY 23 RS HB 387/GA representative of an individual who is participating in a Medicaid consumer- directed option.
(5) The center created in subsection (2) of this section shall make the information listed in subsection (3) of this section available to the support broker and any representative of an individual who is participating in a Medicaid consumer-directed option.
(6) The center shall use electronic information technology to track services provided and to follow-up with individuals served and provide additional information or referrals as needed.
Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY (6) The center shall use electronic information technology to track services provided and to follow-up with individuals served and provide additional information or referrals as needed.
(2) The cabinet shall provide an update on the status of the application for a waiver or Page 30 of 93 HB038710.100 - 1087 - XXXX 3/7/2023 7:46 PM GA UNOFFICIAL COPY 23 RS HB 387/GA waiver amendment or request for a plan amendment to the Legislative Research Commission upon request.
(2) The cabinet shall provide an update on the status of the application for a waiver or waiver amendment or request for a plan amendment to the Legislative Research Commission upon request.
(1) By October 30, 2008, the Cabinet for Health and Family Services shall submit to the Center for Medicare and Medicaid Services an amendment to the State Medicaid Plan to permit the establishment of a Kentucky Long-Term Care Partnership Insurance Program that provides for the disregard of any assets or resources in an amount equal to the insurance benefit payments made to or on behalf of an individual who is a beneficiary of the partnership insurance program that meets the requirements of KRS 304.14-640 and 304.14-642.
(1) By October 30, 2008, the Cabinet for Health and Family Services shall submit to the Center for Medicare and Medicaid Services an amendment to the State Medicaid Plan to permit the establishment of a Kentucky Long- Term Care Partnership Insurance Program that provides for the disregard of any assets or resources in an amount equal to the insurance benefit payments made to or on behalf of an individual who is a beneficiary of the partnership insurance program that meets the requirements of KRS 304.14-640 and 304.14-642.
(3) Upon approval by the federal government of the state plan amendment, the Department for Medicaid Services, in conjunction with the Department of Page 31 of 93 HB038710.100 - 1087 - XXXX 3/7/2023 7:46 PM GA UNOFFICIAL COPY 23 RS HB 387/GA Insurance, shall establish the Kentucky Long-Term Care Partnership Insurance Program in accordance with KRS 304.14-640 and 304.14-642.
(3) Upon approval by the federal government of the state plan amendment, the Department for Medicaid Services, in conjunction with the Department of Insurance, shall establish the Kentucky Long-Term Care Partnership Insurance Program in accordance with KRS 304.14-640 and 304.14-642.
(2) The cabinet shall file quarterly progress reports and an annual report with the Legislative Research Commission for distribution to[and] the Interim Joint Committee on Families and Children[Health and Welfare] documenting the results of the cabinet's efforts to enable parents receiving public assistance to participate in activities to achieve self-sufficiency.
CHAPTER 25 15 (2) The cabinet shall file quarterly progress reports and an annual report with the Legislative Research Commission for distribution to[and] the Interim Joint Committee on Families and Children[Health and Welfare] documenting the results of the cabinet's efforts to enable parents receiving public assistance to participate in activities to achieve self-sufficiency.
Page 32 of 93 HB038710.100 - 1087 - XXXX 3/7/2023 7:46 PM GA UNOFFICIAL COPY 23 RS HB 387/GA (1) The cabinet shall undertake a joint planning process with appropriate state, local, and private education institutions, interested agencies, and citizens to ensure that opportunities for low income parents to continue or improve their education shall continue with the implementation of the public assistance program funded by federal block grant dollars under Title IV-A of the Federal Social Security Act, 42 U.S.C.
(1) The cabinet shall undertake a joint planning process with appropriate state, local, and private education institutions, interested agencies, and citizens to ensure that opportunities for low income parents to continue or improve their education shall continue with the implementation of the public assistance program funded by federal block grant dollars under Title IV-A of the Federal Social Security Act, 42 U.S.C.
(2) The cabinet shall prepare a strategic plan for continuation of education opportunities for low income parents, based on the recommendations of the Page 33 of 93 HB038710.100 - 1087 - XXXX 3/7/2023 7:46 PM GA UNOFFICIAL COPY 23 RS HB 387/GA advisory group.
(2) The cabinet shall prepare a strategic plan for continuation of education opportunities for low income parents, based on the recommendations of the advisory group.
(c) "Domestic violence fatalities" means deaths that occur as a result of domestic violence and abuse or dating violence and abuse, and includes but is not limited to homicides, related suicides, and corollary victims;
Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY (c) "Domestic violence fatalities" means deaths that occur as a result of domestic violence and abuse or dating violence and abuse, and includes but is not limited to homicides, related suicides, and corollary victims;
Page 34 of 93 HB038710.100 - 1087 - XXXX 3/7/2023 7:46 PM GA UNOFFICIAL COPY 23 RS HB 387/GA 5.
5.
(a) The number and type of petitions for orders of protection filed and denied Page 35 of 93 HB038710.100 - 1087 - XXXX 3/7/2023 7:46 PM GA UNOFFICIAL COPY 23 RS HB 387/GA under KRS 403.725;
(a) The number and type of petitions for orders of protection filed and denied under KRS 403.725;
(a) Number of orders of protection received to be served by law enforcement agencies;
CHAPTER 25 17 (a) Number of orders of protection received to be served by law enforcement agencies;
Page 36 of 93 HB038710.100 - 1087 - XXXX 3/7/2023 7:46 PM GA UNOFFICIAL COPY 23 RS HB 387/GA 2.
2.
(1) The cabinet shall establish an advisory committee of sixteen (16) members to advise the Department for Behavioral Health, Developmental and Intellectual Page 37 of 93 HB038710.100 - 1087 - XXXX 3/7/2023 7:46 PM GA UNOFFICIAL COPY 23 RS HB 387/GA Disabilities of the need for particular services for persons who are deaf or hard-of- hearing.
(1) The cabinet shall establish an advisory committee of sixteen (16) members to advise the Department for Behavioral Health, Developmental and Intellectual Disabilities of the need for particular services for persons who are deaf or hard-of-hearing.
2.
Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY 2.
and Page 38 of 93 HB038710.100 - 1087 - XXXX 3/7/2023 7:46 PM GA UNOFFICIAL COPY 23 RS HB 387/GA 6.
and 6.
Page 39 of 93 HB038710.100 - 1087 - XXXX 3/7/2023 7:46 PM GA UNOFFICIAL COPY 23 RS HB 387/GA (b) The report shall be submitted to the secretary, the commissioner of the Department for Behavioral Health, Developmental and Intellectual Disabilities, and the Interim Joint Committee on Health Services[and Welfare] by July 1 of every odd-numbered year.
(b) The report shall be submitted to the secretary, the commissioner of the Department for Behavioral Health, Developmental and Intellectual Disabilities, and the Interim Joint Committee on Health Services[and Welfare] by July 1 of every odd-numbered year.
(b) Need to transport the individual to a hospital or psychiatric facility to secure an evaluation or for admission without unnecessary delay as required under KRS Chapters 202A, 202B, and 202C;
CHAPTER 25 19 (b) Need to transport the individual to a hospital or psychiatric facility to secure an evaluation or for admission without unnecessary delay as required under KRS Chapters 202A, 202B, and 202C;
or Page 40 of 93 HB038710.100 - 1087 - XXXX 3/7/2023 7:46 PM GA UNOFFICIAL COPY 23 RS HB 387/GA (b) The need for immediate and emergent treatment or evaluation arising from but not limited to the threat or reasonable fear of physical harm to the individual or any employee or agent of the transporting agency or service.
or (b) The need for immediate and emergent treatment or evaluation arising from but not limited to the threat or reasonable fear of physical harm to the individual or any employee or agent of the transporting agency or service.
(b) "Crisis intervention team (CIT) training" means a forty (40) hour training curriculum based on the Memphis Police Department Crisis Intervention Team model of best practices for law enforcement intervention with persons who may have a mental illness, substance use disorder, an intellectual disability, developmental disability, or dual diagnosis that meets the Page 41 of 93 HB038710.100 - 1087 - XXXX 3/7/2023 7:46 PM GA UNOFFICIAL COPY 23 RS HB 387/GA requirements of subsections (2) to (5) of this section and is approved by the commission and the Kentucky Law Enforcement Council;
(b) "Crisis intervention team (CIT) training" means a forty (40) hour training curriculum based on the Memphis Police Department Crisis Intervention Team model of best practices for law enforcement intervention with persons who may have a mental illness, substance use disorder, an intellectual disability, developmental disability, or dual diagnosis that meets the requirements of subsections (2) to (5) of this section and is approved by the commission and the Kentucky Law Enforcement Council;
(3) The CIT training shall include but not be limited to:
Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY (3) The CIT training shall include but not be limited to:
Page 42 of 93 HB038710.100 - 1087 - XXXX 3/7/2023 7:46 PM GA UNOFFICIAL COPY 23 RS HB 387/GA (d) Identification and common effects of psychotropic medications;
(d) Identification and common effects of psychotropic medications;
(b) The commission or Kentucky Law Enforcement Council shall notify the department of approval or disapproval of the CIT training curriculum and trainers within thirty (30) days of submission of the curriculum and the names Page 43 of 93 HB038710.100 - 1087 - XXXX 3/7/2023 7:46 PM GA UNOFFICIAL COPY 23 RS HB 387/GA of instructors.
(b) The commission or Kentucky Law Enforcement Council shall notify the department of approval or disapproval of the CIT training curriculum and trainers within thirty (30) days of submission of the curriculum and the names of instructors.
(c) The commission or Kentucky Law Enforcement Council may waive instructor requirements for non-firefighter trainers or non-law enforcement trainers whose names are submitted by the department.
(c) The commission or Kentucky Law Enforcement Council may waive instructor requirements for non- firefighter trainers or non-law enforcement trainers whose names are submitted by the department.
Additional instructors may be submitted on a schedule determined by the commission or Page 44 of 93 HB038710.100 - 1087 - XXXX 3/7/2023 7:46 PM GA UNOFFICIAL COPY 23 RS HB 387/GA Kentucky Law Enforcement Council.
Additional CHAPTER 25 21 instructors may be submitted on a schedule determined by the commission or Kentucky Law Enforcement Council.
(11) To implement the requirements of subsections (2) to (5) and (8) to (10) of this section, the department may use public or private funds as available and may Page 45 of 93 HB038710.100 - 1087 - XXXX 3/7/2023 7:46 PM GA UNOFFICIAL COPY 23 RS HB 387/GA develop a contract with a nonprofit entity that is a Kentucky statewide mental health advocacy organization that has a minimum of five (5) years of experience in implementation of the CIT training program in Kentucky.
(11) To implement the requirements of subsections (2) to (5) and (8) to (10) of this section, the department may use public or private funds as available and may develop a contract with a nonprofit entity that is a Kentucky statewide mental health advocacy organization that has a minimum of five (5) years of experience in implementation of the CIT training program in Kentucky.
(14) The cabinet may delegate all or a portion of the operational responsibility for the triage system to the regional community services programs for mental health or individuals with an intellectual disability created under KRS 210.370 to 210.460 if the regional program agrees and the cabinet remains responsible for the costs of Page 46 of 93 HB038710.100 - 1087 - XXXX 3/7/2023 7:46 PM GA UNOFFICIAL COPY 23 RS HB 387/GA delegated functions.
(14) The cabinet may delegate all or a portion of the operational responsibility for the triage system to the regional community services programs for mental health or individuals with an intellectual disability created under KRS 210.370 to 210.460 if the regional program agrees and the cabinet remains responsible for the costs of delegated functions.
(18) Unless the prisoner is provided with an attorney during the screening and assessment, any statement made by the prisoner in the course of the screening or assessment shall not be admissible in a criminal trial of the prisoner, unless the trial is for a crime committed during the screening and assessment.
Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY (18) Unless the prisoner is provided with an attorney during the screening and assessment, any statement made by the prisoner in the course of the screening or assessment shall not be admissible in a criminal trial of the prisoner, unless the trial is for a crime committed during the screening and assessment.
and (b) "Training program in suicide assessment, treatment, and management" means an empirically supported training program approved by the boards that contains suicide assessment including screening and referral, suicide Page 47 of 93 HB038710.100 - 1087 - XXXX 3/7/2023 7:46 PM GA UNOFFICIAL COPY 23 RS HB 387/GA treatment, and suicide management.
and (b) "Training program in suicide assessment, treatment, and management" means an empirically supported training program approved by the boards that contains suicide assessment including screening and referral, suicide treatment, and suicide management.
Page 48 of 93 HB038710.100 - 1087 - XXXX 3/7/2023 7:46 PM GA UNOFFICIAL COPY 23 RS HB 387/GA 1.
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1.
CHAPTER 25 23 1.
Page 49 of 93 HB038710.100 - 1087 - XXXX 3/7/2023 7:46 PM GA UNOFFICIAL COPY 23 RS HB 387/GA (1) As used in this section:
(1) As used in this section:
Page 50 of 93 HB038710.100 - 1087 - XXXX 3/7/2023 7:46 PM GA UNOFFICIAL COPY 23 RS HB 387/GA 1.
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2.
Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY 2.
(6) The appropriation provided by the General Assembly for fiscal years 2022-2023 and 2023-2024 for mobile crisis services shall be considered startup funds to support the establishment of additional mobile crisis units and shall only be Page 51 of 93 HB038710.100 - 1087 - XXXX 3/7/2023 7:46 PM GA UNOFFICIAL COPY 23 RS HB 387/GA appropriated once.
(6) The appropriation provided by the General Assembly for fiscal years 2022-2023 and 2023-2024 for mobile crisis services shall be considered startup funds to support the establishment of additional mobile crisis units and shall only be appropriated once.
Page 52 of 93 HB038710.100 - 1087 - XXXX 3/7/2023 7:46 PM GA UNOFFICIAL COPY 23 RS HB 387/GA (4) (a) The council shall have the authority to review, evaluate, and make recommendations regarding all elements of the Palliative Care Consumer and Professional Information and Education Program, the content of the website[Web site] information and resources described in subsection (3) of this section, and best practices for palliative care delivery and any grants to develop or implement them.
(4) (a) The council shall have the authority to review, evaluate, and make recommendations regarding all elements of the Palliative Care Consumer and Professional Information and Education Program, the content of the website[Web site] information and resources described in subsection (3) of this section, and best practices for palliative care delivery and any grants to develop or implement them.
(1) The Kentucky Rare Disease Advisory Council shall:
CHAPTER 25 25 (1) The Kentucky Rare Disease Advisory Council shall:
(b) Coordinate its duties with those community-based organizations and private- sector institutions within the state for the purpose of ensuring greater cooperation regarding the research, diagnosis, and treatment of rare diseases.
(b) Coordinate its duties with those community-based organizations and private-sector institutions within the state for the purpose of ensuring greater cooperation regarding the research, diagnosis, and treatment of rare diseases.
(c) Research and determine the most appropriate methods to collect thorough and complete information on rare diseases in Kentucky and other information as Page 53 of 93 HB038710.100 - 1087 - XXXX 3/7/2023 7:46 PM GA UNOFFICIAL COPY 23 RS HB 387/GA the council deems necessary and appropriate to collect;
(c) Research and determine the most appropriate methods to collect thorough and complete information on rare diseases in Kentucky and other information as the council deems necessary and appropriate to collect;
and (i) Report biennially on its activities, findings, and recommendations relating to the quality, cost-effectiveness, and access to treatment and services for persons with rare diseases in Kentucky to the Governor, the Cabinet for Health and Family Services, and the General Assembly.
and (i) Report biennially on its activities, findings, and recommendations relating to the quality, cost- effectiveness, and access to treatment and services for persons with rare diseases in Kentucky to the Governor, the Cabinet for Health and Family Services, and the General Assembly.
Page 54 of 93 HB038710.100 - 1087 - XXXX 3/7/2023 7:46 PM GA UNOFFICIAL COPY 23 RS HB 387/GA Section 24.
Section 24.
The state team may include representatives of public health, social services, law enforcement, prosecution, coroners, health-care providers, and other agencies or professions deemed appropriate by the commissioner of the department.
The state team may include representatives of public health, social services, law enforcement, prosecution, coroners, health- care providers, and other agencies or professions deemed appropriate by the commissioner of the department.
(b) Facilitate the development of local child and maternal fatality response teams which may include, but is not limited to, providing joint training opportunities and, upon request, providing technical assistance;
Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY (b) Facilitate the development of local child and maternal fatality response teams which may include, but is not limited to, providing joint training opportunities and, upon request, providing technical assistance;
and (f) Recommend changes in state programs, legislation, administrative Page 55 of 93 HB038710.100 - 1087 - XXXX 3/7/2023 7:46 PM GA UNOFFICIAL COPY 23 RS HB 387/GA regulations, policies, budgets, and treatment and service standards which may facilitate strategies for prevention and reduce the number of child and maternal fatalities.
and (f) Recommend changes in state programs, legislation, administrative regulations, policies, budgets, and treatment and service standards which may facilitate strategies for prevention and reduce the number of child and maternal fatalities.
Page 56 of 93 HB038710.100 - 1087 - XXXX 3/7/2023 7:46 PM GA UNOFFICIAL COPY 23 RS HB 387/GA (i) The director of the Kentucky Cancer Program at the University of Louisville;
(i) The director of the Kentucky Cancer Program at the University of Louisville;
(4) The advisory committee may add members from other organizations as deemed appropriate.
CHAPTER 25 27 (4) The advisory committee may add members from other organizations as deemed appropriate.
The amount of the contract shall not be included in Page 57 of 93 HB038710.100 - 1087 - XXXX 3/7/2023 7:46 PM GA UNOFFICIAL COPY 23 RS HB 387/GA the base budget of the university as used by the Council on Postsecondary Education in determining the funding formula for the university.
The amount of the contract shall not be included in the base budget of the university as used by the Council on Postsecondary Education in determining the funding formula for the university.
(2) Each licensed health facility which provides diagnostic services, or diagnostic Page 58 of 93 HB038710.100 - 1087 - XXXX 3/7/2023 7:46 PM GA UNOFFICIAL COPY 23 RS HB 387/GA services and treatment, or treatment to cancer patients shall report to the Kentucky Cancer Registry, through the cancer patient data management system and in a format prescribed by the Kentucky Cancer Registry, each case of cancer seen at that health facility.
(2) Each licensed health facility which provides diagnostic services, or diagnostic services and treatment, or treatment to cancer patients shall report to the Kentucky Cancer Registry, through the cancer patient data management system and in a format prescribed by the Kentucky Cancer Registry, each case of cancer seen at that health facility.
(6) All information, interviews, reports, statements, memoranda, or other data furnished by reason of this section, expressly including all portions, subsets, extracts, or Page 59 of 93 HB038710.100 - 1087 - XXXX 3/7/2023 7:46 PM GA UNOFFICIAL COPY 23 RS HB 387/GA compilations of the data as well as any findings or conclusions resulting from those studies, shall be privileged and shall not be considered public records under KRS 61.870 to 61.884.
(6) All information, interviews, reports, statements, memoranda, or other data furnished by reason of this section, expressly including all portions, subsets, extracts, or compilations of the data as well as any findings or conclusions resulting from those studies, shall be privileged and shall not be considered public records under Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY KRS 61.870 to 61.884.
Page 60 of 93 HB038710.100 - 1087 - XXXX 3/7/2023 7:46 PM GA UNOFFICIAL COPY 23 RS HB 387/GA (g) One (1) member who shall be appointed by the Governor from a list of three (3) names provided by the American Cancer Society;
(g) One (1) member who shall be appointed by the Governor from a list of three (3) names provided by the American Cancer Society;
and (d) Provide an annual report on implementation and outcomes from the program and recommendations to the Legislative Research Commission, the Interim Joint Committee on Health[, Welfare, and Family] Services, the Interim Joint Committee on Appropriations and Revenue, the Governor, the secretary of the Cabinet for Health and Family Services, and the commissioner of the Page 61 of 93 HB038710.100 - 1087 - XXXX 3/7/2023 7:46 PM GA UNOFFICIAL COPY 23 RS HB 387/GA Department for Public Health.
and (d) Provide an annual report on implementation and outcomes from the program and recommendations to the Legislative Research Commission, the Interim Joint Committee on Health[, Welfare, and Family] Services, the Interim Joint Committee on Appropriations and Revenue, the Governor, the secretary of the Cabinet for Health and Family Services, and the commissioner of the Department for Public Health.
(1) The Cabinet for Health and Family Services may create, to the extent permitted by available staffing and funding, an HIV and AIDS Planning and Advisory Council to consist of no more than thirty (30) members, for the purpose of advising the cabinet on the formulation of HIV and AIDS policy.
(1) The Cabinet for Health and Family Services may create, to the extent permitted by available staffing and funding, an HIV and AIDS Planning and Advisory Council to consist of no more than thirty (30) members, for CHAPTER 25 29 the purpose of advising the cabinet on the formulation of HIV and AIDS policy.
These members shall serve for a term of four (4) years and may be Page 62 of 93 HB038710.100 - 1087 - XXXX 3/7/2023 7:46 PM GA UNOFFICIAL COPY 23 RS HB 387/GA reappointed, but the members shall not serve for more than two (2) consecutive terms.
These members shall serve for a term of four (4) years and may be reappointed, but the members shall not serve for more than two (2) consecutive terms.
and Page 63 of 93 HB038710.100 - 1087 - XXXX 3/7/2023 7:46 PM GA UNOFFICIAL COPY 23 RS HB 387/GA (e) Reporting its findings and recommendations to the General Assembly and the Interim Joint Committee on Health Services[and Welfare] by September 1, 2001, and by September 1 of each year thereafter.
and (e) Reporting its findings and recommendations to the General Assembly and the Interim Joint Committee on Health Services[and Welfare] by September 1, 2001, and by September 1 of each year thereafter.
The reporting shall include the data including, but not limited to, CD4 count and viral load, and other information that are necessary to comply with the confidentiality and reporting requirements of the most recent edition of the Centers for Disease Control and Prevention's (CDC) Guidelines for National Human Immunodeficiency Virus Case Surveillance.
The reporting shall include the data including, but not limited to, CD4 count and viral load, and other information that are Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY necessary to comply with the confidentiality and reporting requirements of the most recent edition of the Centers for Disease Control and Prevention's (CDC) Guidelines for National Human Immunodeficiency Virus Case Surveillance.
(a) Match the information from the reporting system to other public health Page 64 of 93 HB038710.100 - 1087 - XXXX 3/7/2023 7:46 PM GA UNOFFICIAL COPY 23 RS HB 387/GA databases, wherever possible, to limit duplication and to better quantify the extent of HIV infection in the Commonwealth;
(a) Match the information from the reporting system to other public health databases, wherever possible, to limit duplication and to better quantify the extent of HIV infection in the Commonwealth;
(j) Prohibit release of any names or any other identifying information that may have been received in a report to any person or organization, whether public or private, except in compliance with federal law or consultations with other Page 65 of 93 HB038710.100 - 1087 - XXXX 3/7/2023 7:46 PM GA UNOFFICIAL COPY 23 RS HB 387/GA state surveillance programs and reporting sources.
(j) Prohibit release of any names or any other identifying information that may have been received in a report to any person or organization, whether public or private, except in compliance with federal law or consultations with other state surveillance programs and reporting sources.
(1) (a) The Cabinet for Health and Family Services shall make available on its website[Web site] information on charges for health-care services at least annually in understandable language with sufficient explanation to allow consumers to draw meaningful comparisons between every hospital and ambulatory facility, differentiated by payor if relevant, and for other provider groups as relevant data becomes available.
(1) (a) The Cabinet for Health and Family Services shall make available on its website[Web site] information on charges for health-care services at least annually in understandable language with sufficient CHAPTER 25 31 explanation to allow consumers to draw meaningful comparisons between every hospital and ambulatory facility, differentiated by payor if relevant, and for other provider groups as relevant data becomes available.
Every provider that is specifically identified in any report shall be given thirty (30) days to verify the accuracy of its data prior to public release and shall be afforded the opportunity to submit comments on its data Page 66 of 93 HB038710.100 - 1087 - XXXX 3/7/2023 7:46 PM GA UNOFFICIAL COPY 23 RS HB 387/GA that shall be included on the website[Web site] and as part of any printed report of the data.
Every provider that is specifically identified in any report shall be given thirty (30) days to verify the accuracy of its data prior to public release and shall be afforded the opportunity to submit comments on its data that shall be included on the website[Web site] and as part of any printed report of the data.
(d) The cabinet shall only provide linkages to organizations that publicly report comparative-charge data for Kentucky providers using data for all patients treated regardless of payor source, which may be adjusted for outliers, is risk- adjusted, and meets the requirements of paragraph (c) of this subsection.
(d) The cabinet shall only provide linkages to organizations that publicly report comparative-charge data for Kentucky providers using data for all patients treated regardless of payor source, which may be adjusted for outliers, is risk-adjusted, and meets the requirements of paragraph (c) of this subsection.
Page 67 of 93 HB038710.100 - 1087 - XXXX 3/7/2023 7:46 PM GA UNOFFICIAL COPY 23 RS HB 387/GA (3) Any report the cabinet disseminates or refers the public to shall:
(3) Any report the cabinet disseminates or refers the public to shall:
(4) The cabinet shall report at least biennially, no later than October 1 of each odd- numbered year, on the special health needs of the minority population in the Commonwealth as compared to the population in the Commonwealth as compared to the population at large.
(4) The cabinet shall report at least biennially, no later than October 1 of each odd-numbered year, on the special health needs of the minority population in the Commonwealth as compared to the population in the Commonwealth as compared to the population at large.
(1) A certificate of need shall be required for all Level II psychiatric residential treatment facilities.
Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY (1) A certificate of need shall be required for all Level II psychiatric residential treatment facilities.
Level II facility beds may be located in a separate part of a psychiatric hospital, a separate part of an acute care hospital, or a Level I psychiatric residential treatment facility if the Level II beds are located on a Page 68 of 93 HB038710.100 - 1087 - XXXX 3/7/2023 7:46 PM GA UNOFFICIAL COPY 23 RS HB 387/GA separate floor, in a separate wing, or in a separate building.
Level II facility beds may be located in a separate part of a psychiatric hospital, a separate part of an acute care hospital, or a Level I psychiatric residential treatment facility if the Level II beds are located on a separate floor, in a separate wing, or in a separate building.
Page 69 of 93 HB038710.100 - 1087 - XXXX 3/7/2023 7:46 PM GA UNOFFICIAL COPY 23 RS HB 387/GA (6) All Level II psychiatric residential treatment facilities shall be certified by the Joint Commission, the Council on Accreditation of Services for Families and Children, or any other accrediting body with comparable standards that are recognized by the Centers for Medicare and Medicaid Services.
(6) All Level II psychiatric residential treatment facilities shall be certified by the Joint Commission, the Council on Accreditation of Services for Families and Children, or any other accrediting body with comparable standards that are recognized by the Centers for Medicare and Medicaid Services.
(b) If a Level II psychiatric residential treatment facility has residents ages twelve (12) and under, the licensed psychiatrist shall be a board-eligible or board- certified child psychiatrist;
(b) If a Level II psychiatric residential treatment facility has residents ages twelve (12) and under, the licensed psychiatrist shall be a board-eligible or board-certified child psychiatrist;
(a) Prepare a written staffing plan that is tailored to meet the needs of the specific population of children and youth that will be admitted to the facility based on the facility's admission criteria.
CHAPTER 25 33 (a) Prepare a written staffing plan that is tailored to meet the needs of the specific population of children and youth that will be admitted to the facility based on the facility's admission criteria.
Specification of the direct care per-patient staffing ratio that the facility Page 70 of 93 HB038710.100 - 1087 - XXXX 3/7/2023 7:46 PM GA UNOFFICIAL COPY 23 RS HB 387/GA shall adhere to during waking hours and during sleeping hours;
Specification of the direct care per-patient staffing ratio that the facility shall adhere to during waking hours and during sleeping hours;
Once a facility is licensed, it shall comply with its approved written staffing plan and, if the facility desires to change its approved per- patient staffing ratio, it shall submit a revised plan and have the plan approved by the cabinet prior to implementation of the change;
Once a facility is licensed, it shall comply with its approved written staffing plan and, if the facility desires to change its approved per-patient staffing ratio, it shall submit a revised plan and have the plan approved by the cabinet prior to implementation of the change;
Page 71 of 93 HB038710.100 - 1087 - XXXX 3/7/2023 7:46 PM GA UNOFFICIAL COPY 23 RS HB 387/GA 3.
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(d) Each employee or volunteer shall submit to a check of the central registry.
Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY (d) Each employee or volunteer shall submit to a check of the central registry.
An Page 72 of 93 HB038710.100 - 1087 - XXXX 3/7/2023 7:46 PM GA UNOFFICIAL COPY 23 RS HB 387/GA individual listed on the central registry shall not be a volunteer at or be employed by a Level II psychiatric residential treatment facility.
An individual listed on the central registry shall not be a volunteer at or be employed by a Level II psychiatric residential treatment facility.
and (c) A statement of justification for the level of services needed, including suitability for treatment in a less-restrictive environment and continued services.
and (c) A statement of justification for the level of services needed, including suitability for treatment in a less- restrictive environment and continued services.
(16) A Level II psychiatric residential treatment facility shall provide or arrange for the Page 73 of 93 HB038710.100 - 1087 - XXXX 3/7/2023 7:46 PM GA UNOFFICIAL COPY 23 RS HB 387/GA provision of qualified dental, medical, nursing, and pharmaceutical care for residents.
(16) A Level II psychiatric residential treatment facility shall provide or arrange for the provision of qualified dental, medical, nursing, and pharmaceutical care for residents.
Page 74 of 93 HB038710.100 - 1087 - XXXX 3/7/2023 7:46 PM GA UNOFFICIAL COPY 23 RS HB 387/GA (e) Ensuring that an accurate, timely, and complete physical examination is conducted for each resident of a Level II psychiatric residential treatment facility;
(e) Ensuring that an accurate, timely, and complete physical examination is conducted for each resident of a Level II psychiatric residential treatment facility;
When promulgating the administrative regulations, the cabinet shall not consider only staffing ratios when evaluating the written staffing plan of an applicant, but shall consider the applicant's overall ability to provide for the needs of patients.
When CHAPTER 25 35 promulgating the administrative regulations, the cabinet shall not consider only staffing ratios when evaluating the written staffing plan of an applicant, but shall consider the applicant's overall ability to provide for the needs of patients.
(1) The amount of funding received for the Kentucky Farmers Market Nutrition Page 75 of 93 HB038710.100 - 1087 - XXXX 3/7/2023 7:46 PM GA UNOFFICIAL COPY 23 RS HB 387/GA Program;
(1) The amount of funding received for the Kentucky Farmers Market Nutrition Program;
(a) Provide coverage for expenses for at least twelve (12) months for each covered person on an expense-incurred, indemnity, or prepaid basis for one (1) or more long-term care services provided in a setting other than an acute care unit of a hospital;
(a) Provide coverage for expenses for at least twelve (12) months for each covered person on an expense- incurred, indemnity, or prepaid basis for one (1) or more long-term care services provided in a setting other than an acute care unit of a hospital;
Page 76 of 93 HB038710.100 - 1087 - XXXX 3/7/2023 7:46 PM GA UNOFFICIAL COPY 23 RS HB 387/GA (3) The Department of Insurance shall have responsibility to approve, pursuant to KRS 304.14-120, any long-term care partnership insurance policy available in Kentucky that meets and continues to meet all applicable federal and state laws and regulations.
(3) The Department of Insurance shall have responsibility to approve, pursuant to KRS 304.14-120, any long-term care partnership insurance policy available in Kentucky that meets and continues to meet all applicable federal and state laws and regulations.
The Department for Medicaid Services shall provide consultation, materials, and other information to the Department of Insurance to enable the Department of Insurance to facilitate the development and issuance of uniform training materials for agents who sell long-term care insurance policies.
The Department for Medicaid Services shall provide consultation, materials, and other information to the Department of Insurance to enable the Department of Insurance to facilitate the development and issuance of uniform training materials for agents who sell long- term care insurance policies.
(5) Within sixty (60) days of notice of approval of the amendment to the State Medicaid Plan required under KRS 205.619, the Department of Insurance shall promulgate an administrative regulation pursuant to KRS Chapter 13A to implement the Kentucky Long-Term Care Partnership Insurance Program.
Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY (5) Within sixty (60) days of notice of approval of the amendment to the State Medicaid Plan required under KRS 205.619, the Department of Insurance shall promulgate an administrative regulation pursuant to KRS Chapter 13A to implement the Kentucky Long-Term Care Partnership Insurance Program.
(6) The Department of Insurance and the Department for Medicaid Services shall report no later than September 30 each year to the Interim Joint Committee on Banking and Insurance and the Interim Joint Committee on Health Services[and Welfare] on the number of partnership insurance policies sold in Kentucky, utilization of the partnership insurance policies, and expenditures and cost savings associated with implementation, utilization, and maintenance of the partnership Page 77 of 93 HB038710.100 - 1087 - XXXX 3/7/2023 7:46 PM GA UNOFFICIAL COPY 23 RS HB 387/GA program.
(6) The Department of Insurance and the Department for Medicaid Services shall report no later than September each year to the Interim Joint Committee on Banking and Insurance and the Interim Joint Committee on Health Services[and Welfare] on the number of partnership insurance policies sold in Kentucky, utilization of the partnership insurance policies, and expenditures and cost savings associated with implementation, utilization, and maintenance of the partnership program.
(c) Every out-of-state pharmacy granted an out-of-state pharmacy permit shall comply with all statutorily-authorized directions and requests for information from any regulatory agency of the Commonwealth and from the board in accordance with the provisions of this section.
(c) Every out-of-state pharmacy granted an out-of-state pharmacy permit shall comply with all statutorily- authorized directions and requests for information from any regulatory agency of the Commonwealth and from the board in accordance with the provisions of this section.
As a prerequisite to seeking a permit from the Kentucky Board of Pharmacy, the out-of-state pharmacy shall submit a copy of the most recent Page 78 of 93 HB038710.100 - 1087 - XXXX 3/7/2023 7:46 PM GA UNOFFICIAL COPY 23 RS HB 387/GA inspection report resulting from an inspection conducted by the regulatory or licensing agency of the jurisdiction in which it is located.
As a prerequisite to seeking a permit from the Kentucky Board of Pharmacy, the out-of-state pharmacy shall submit a copy of the most recent inspection report resulting from an inspection conducted by the regulatory or licensing agency of the jurisdiction in which it is located.
Thereafter, the out- of-state pharmacy granted a permit shall submit to the Kentucky Board of Pharmacy a copy of any subsequent inspection report on the pharmacy conducted by the regulatory or licensing body of the jurisdiction in which it is located;
Thereafter, the out-of-state pharmacy granted a permit shall submit to the Kentucky Board of Pharmacy a copy of any subsequent inspection report on the pharmacy conducted by the regulatory or licensing body of the jurisdiction in which it is located;
Page 79 of 93 HB038710.100 - 1087 - XXXX 3/7/2023 7:46 PM GA UNOFFICIAL COPY 23 RS HB 387/GA (i) Any out-of-state pharmacy that dispenses more than twenty-five percent (25%) of its total prescription volume as a result of an original prescription order received or solicited by use of the Internet, including but not limited to electronic mail, shall receive and display in every medium in which it advertises itself a seal of approval for the National Association of Boards of Pharmacy certifying that it is a Verified Internet Pharmacy Practice Site (VIPPS) or a seal certifying approval of a substantially similar program approved by the Kentucky Board of Pharmacy.
(i) Any out-of-state pharmacy that dispenses more than twenty-five percent (25%) of its total prescription volume as a result of an original prescription order received or solicited by use of the Internet, including but not limited to electronic mail, shall receive and display in every medium in which it advertises itself a seal of approval for the National Association of Boards of Pharmacy certifying that it is a Verified CHAPTER 25 37 Internet Pharmacy Practice Site (VIPPS) or a seal certifying approval of a substantially similar program approved by the Kentucky Board of Pharmacy.
Page 80 of 93 HB038710.100 - 1087 - XXXX 3/7/2023 7:46 PM GA UNOFFICIAL COPY 23 RS HB 387/GA 2.
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The dialysate solutions or devices are held and delivered in their original, sealed packaging from a Food and Drug Administration- approved manufacturing facility;
The dialysate solutions or devices are held and delivered in their original, sealed packaging from a Food and Drug Administration-approved manufacturing facility;
A patient with end-stage renal disease or the patient's designee for the patient's self-administration of dialysis therapy;
A patient with end-stage renal disease or the patient's designee for the patient's self- administration of dialysis therapy;
On or before June 1 of each year, the board shall compile the summaries Page 81 of 93 HB038710.100 - 1087 - XXXX 3/7/2023 7:46 PM GA UNOFFICIAL COPY 23 RS HB 387/GA of monthly audits into a single report and submit that report to the Interim Joint Committee on Health[ and Welfare and Family] Services.
On or before June 1 of each year, the board shall compile the summaries of monthly audits into a single report and submit that report to the Interim Joint Committee on Health[ and Welfare and Family] Services.
(1) The cabinet is authorized to expend available funds to provide for the board, lodging, and care of children who would otherwise be placed in foster care or who are placed by the cabinet in a foster home or boarding home, or may arrange for payments or contributions by any local governmental unit, or public or private agency or organization, willing to make payments or contributions for such purpose.
Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY (1) The cabinet is authorized to expend available funds to provide for the board, lodging, and care of children who would otherwise be placed in foster care or who are placed by the cabinet in a foster home or boarding home, or may arrange for payments or contributions by any local governmental unit, or public or private agency or organization, willing to make payments or contributions for such purpose.
(3) The cabinet shall review reimbursement rates paid to foster parents and shall issue a Page 82 of 93 HB038710.100 - 1087 - XXXX 3/7/2023 7:46 PM GA UNOFFICIAL COPY 23 RS HB 387/GA report upon request comparing the rates paid by Kentucky to the figures presented in the Expenditures on Children by Families Annual Report prepared by the United States Department of Agriculture and the rates paid to foster parents by other states.
(3) The cabinet shall review reimbursement rates paid to foster parents and shall issue a report upon request comparing the rates paid by Kentucky to the figures presented in the Expenditures on Children by Families Annual Report prepared by the United States Department of Agriculture and the rates paid to foster parents by other states.
Page 83 of 93 HB038710.100 - 1087 - XXXX 3/7/2023 7:46 PM GA UNOFFICIAL COPY 23 RS HB 387/GA Section 36.
Section 36.
(f) A pediatrician from the University of Louisville's Department of Pediatrics who is licensed and experienced in forensic medicine relating to child abuse and neglect to be selected by the Attorney General from a list of three (3) names provided by the dean of the University of Louisville School of Page 84 of 93 HB038710.100 - 1087 - XXXX 3/7/2023 7:46 PM GA UNOFFICIAL COPY 23 RS HB 387/GA Medicine;
CHAPTER 25 39 (f) A pediatrician from the University of Louisville's Department of Pediatrics who is licensed and experienced in forensic medicine relating to child abuse and neglect to be selected by the Attorney General from a list of three (3) names provided by the dean of the University of Louisville School of Medicine;
(q) A representative of a community mental health center to be selected by the Attorney General from a list of three (3) names provided by the Kentucky Page 85 of 93 HB038710.100 - 1087 - XXXX 3/7/2023 7:46 PM GA UNOFFICIAL COPY 23 RS HB 387/GA Association of Regional Mental Health and Mental Retardation Programs, Inc.;
(q) A representative of a community mental health center to be selected by the Attorney General from a list of three (3) names provided by the Kentucky Association of Regional Mental Health and Mental Retardation Programs, Inc.;
(d) If a voting panel member is absent from two (2) or more consecutive, regularly scheduled meetings, the member shall be considered to have Page 86 of 93 HB038710.100 - 1087 - XXXX 3/7/2023 7:46 PM GA UNOFFICIAL COPY 23 RS HB 387/GA resigned and shall be replaced with a new member in the same manner as the original appointment.
(d) If a voting panel member is absent from two (2) or more consecutive, regularly scheduled meetings, the member shall be considered to have resigned and shall be replaced with a new member in the same manner as the original appointment.
(e) If a voting panel member is proven to have violated subsection (13) of this section, the member shall be removed from the panel, and the member shall be replaced with a new member in the same manner as the original appointment.
Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY (e) If a voting panel member is proven to have violated subsection (13) of this section, the member shall be removed from the panel, and the member shall be replaced with a new member in the same manner as the original appointment.
Page 87 of 93 HB038710.100 - 1087 - XXXX 3/7/2023 7:46 PM GA UNOFFICIAL COPY 23 RS HB 387/GA (b) Licensing reports from the Cabinet for Health and Family Services, Office of Inspector General, if an incident occurred in a licensed facility;
(b) Licensing reports from the Cabinet for Health and Family Services, Office of Inspector General, if an incident occurred in a licensed facility;
Page 88 of 93 HB038710.100 - 1087 - XXXX 3/7/2023 7:46 PM GA UNOFFICIAL COPY 23 RS HB 387/GA 2.
2.
(i) Head Start records or records from any other child care or early child care provider;
CHAPTER 25 41 (i) Head Start records or records from any other child care or early child care provider;
Court reports by the Department for Community Based Services, guardian ad litem, court-appointed special advocate, and the Citizen Foster Care Review Board;
Court reports by the Department for Community Based Services, guardian ad litem, court- appointed special advocate, and the Citizen Foster Care Review Board;
and Page 89 of 93 HB038710.100 - 1087 - XXXX 3/7/2023 7:46 PM GA UNOFFICIAL COPY 23 RS HB 387/GA (n) Mental health records regarding the deceased or injured child and his or her caregivers, residents of the home, and persons involved with the child at the time of the incident.
and (n) Mental health records regarding the deceased or injured child and his or her caregivers, residents of the home, and persons involved with the child at the time of the incident.
(b) The panel shall determine which agency is responsible for implementing each Page 90 of 93 HB038710.100 - 1087 - XXXX 3/7/2023 7:46 PM GA UNOFFICIAL COPY 23 RS HB 387/GA recommendation, and shall forward each recommendation in writing to the appropriate agency.
(b) The panel shall determine which agency is responsible for implementing each recommendation, and shall forward each recommendation in writing to the appropriate agency.
The original information and records used to generate information and record copies provided to the panel in accordance with subsection (6) of this section shall be maintained by the appropriate agency in accordance with state and federal law and shall be subject to the Kentucky Open Records Act, KRS 61.870 to 61.884.
The original information and records used to generate information and record copies provided to the panel in accordance with subsection (6) of this section shall be maintained by the appropriate agency in accordance with state and federal law and shall be subject to the Kentucky Open Records Act, KRS Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY 61.870 to 61.884.
(12) Notwithstanding any provision of law to the contrary, the portions of the external Page 91 of 93 HB038710.100 - 1087 - XXXX 3/7/2023 7:46 PM GA UNOFFICIAL COPY 23 RS HB 387/GA child fatality and near fatality review panel meetings during which an individual child fatality or near fatality case is reviewed or discussed by panel members may be a closed session and subject to the provisions of KRS 61.815(1) and shall only occur following the conclusion of an open session.
(12) Notwithstanding any provision of law to the contrary, the portions of the external child fatality and near fatality review panel meetings during which an individual child fatality or near fatality case is reviewed or discussed by panel members may be a closed session and subject to the provisions of KRS 61.815(1) and shall only occur following the conclusion of an open session.
Nothing in this subsection shall be construed to restrict or limit the right to discover or use in any civil action any evidence that is Page 92 of 93 HB038710.100 - 1087 - XXXX 3/7/2023 7:46 PM GA UNOFFICIAL COPY 23 RS HB 387/GA discoverable independent of the proceedings of the panel.
Nothing in this subsection shall be construed to restrict or limit the right to discover or use in any civil action any evidence that is discoverable independent of the proceedings of the panel.
Page 93 of 93 HB038710.100 - 1087 - XXXX 3/7/2023 7:46 PM GA
Signed by Governor March 20, 2023.
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Action History

  1. signed by Governor (Acts Ch. 25)

  2. delivered to Governor

  3. enrolled, signed by President of the Senate

  4. enrolled, signed by Speaker of the House

  5. received in House

  6. 3rd reading, passed 36 -0

  7. posted for passage in the Consent Orders of the Day for Wednesday, March 15, 2023

  8. 2nd reading, to Rules as a consent bill

  9. reported favorably, 1st reading, to Consent Calendar

  10. to Families & Children (S)

  11. to Committee on Committees (S)

  12. received in Senate

  13. 3rd reading, passed 98-0

  14. posted for passage in the Consent Orders of the Day for Tuesday, March 07, 2023

  15. 2nd reading, to Rules

  16. reported favorably, 1st reading, to Calendar

  17. to State Government (H)

  18. to Committee on Committees (H)

  19. introduced in House

Sponsorship breakdown

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0 sponsors · 0 co-sponsors · 138 not signed on

Sponsors (0)

None.

Co-sponsors (0)

None.

Not signed on (138)

138 members have not signed on to this bill.

Show all 138 →

"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 HB 387

Passed 36 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Democrat 2000
Republican 20001
Unaffiliated 14000
Total 36001
% of votes cast 97%0%0%3%
How each member voted (37)
Member Party Vote
Nemes — Yea
Turner — Yea
Schickel — Yea
Smith — Yea
Southworth — Yea
Westerfield — Yea
ChambersArmstrong — Yea
Williams — Yea
Meredith — Yea
Thayer — Yea
Wilson — Yea
Thomas — Yea
Yates — Yea
Harper Angel — Yea
Gerald A. Neal Democrat Yea
Karen Berg Democrat Yea
Amanda Mays Bledsoe Republican Yea
Brandon J. Storm Republican Yea
Christian McDaniel Republican Yea
Danny Carroll Republican Yea
David P. Givens Republican Yea
Donald Douglas Republican Yea
Gary Boswell Republican Yea
Jared Carpenter Republican Yea
Jason Howell Republican Yea
Jimmy Higdon Republican Yea
Julie Raque Adams Republican Not Voting
Lindsey Tichenor Republican Yea
Matthew Deneen Republican Yea
Max Wise Republican Yea
Phillip Wheeler Republican Yea
Rick Girdler Republican Yea
Robby Mills Republican Yea
Robert Stivers Republican Yea
Robin L. Webb Republican Yea
Shelley Funke Frommeyer Republican Yea
Stephen West Republican Yea

Official roll call →

FOR CONSENT

Passed 98 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Democrat 14000
Republican 64002
Unaffiliated 20000
Total 98002
% of votes cast 98%0%0%2%
How each member voted (100)
Member Party Vote
Smith — Yea
Dixon — Yea
Nemes — Yea
Bentley — Yea
Palumbo — Yea
Swann — Yea
Justice — Yea
Pratt — Yea
Thomas — Yea
Timoney — Yea
Bratcher S. — Yea
Raymond — Yea
Webber — Yea
Graham — Yea
Williams — Yea
Wilson — Yea
Heath — Yea
Meredith — Yea
Bratcher K. — Yea
Stevenson C — Yea
Al Gentry Democrat Yea
Ashley Tackett Laferty Democrat Yea
Beverly Chester-Burton Democrat Yea
Chad Aull Democrat Yea
Daniel Grossberg Democrat Yea
George Brown Jr. Democrat Yea
Keturah J. Herron Democrat Yea
Lindsey Burke Democrat Yea
Lisa Willner Democrat Yea
Nima Kulkarni Democrat Yea
Pamela Stevenson Democrat Yea
Rachel Roarx Democrat Yea
Sarah Stalker Democrat Yea
Tina Bojanowski Democrat Yea
Aaron Reed Republican Yea
Adam Bowling Republican Yea
Amy Neighbors Republican Yea
Bill Wesley Republican Yea
Bobby McCool Republican Yea
Candy Massaroni 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
Emily Callaway Republican Yea
Felicia Rabourn Republican Yea
James Tipton Republican Yea
Jared Bauman Republican Yea
Jason Petrie Republican Yea
Jennifer Decker Republican Yea
Jim Gooch Jr. Republican Yea
John Blanton Republican Yea
John Hodgson Republican Yea
Josh Branscum Republican Yea
Josh Bray Republican Yea
Josh Calloway Republican Yea
Ken Fleming Republican Yea
Ken Upchurch Republican Yea
Kevin Jackson Republican Yea
Kim Banta Republican Yea
Kim King Republican Not Voting
Kimberly Poore Moser Republican Yea
Marianne Proctor Republican Yea
Mark Hart Republican Yea
Mary Beth Imes Republican Yea
Matt Lockett Republican Yea
Matthew Koch Republican Yea
Michael Sarge Pollock Republican Yea
Mike Clines Republican Yea
Myron Dossett Republican Yea
Nancy Tate Republican Yea
Patrick Flannery Republican Yea
Randy Bridges Republican Yea
Rebecca Raymer Republican Yea
Richard White Republican Yea
Robert Duvall Republican Not Voting
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
Stephanie Dietz Republican Yea
Steve Rawlings Republican Yea
Steve Riley Republican Yea
Steven Doan Republican Yea
Steven Rudy Republican Yea
Susan Witten Republican Yea
Suzanne Miles Republican Yea
T.J. Roberts Republican Yea
Thomas Huff Republican Yea
Timmy Truett Republican Yea
William Lawrence Republican Yea

Official roll call →

Subjects

public-safety healthcare labor education
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does HB 387 do?
Amend KRS 12.550, 21A.190, 164.020, 194A.030, 194A.564, 194A.601, 199.665, 199.8943, 199.8996, 205.470, 205.525, 205.619, 205.702, 205.704, 209A.122, 210.031, 210.300, 210.365, 210.366, 210.368, 211.027, 211.297, 211.577, 211.684, 214.544, 214.556, 214.564, 214.640, 214.645, 216.2929, 216B.457, 260.032, 304.14-642, 315.0351, 625.120, and 620.055 to reference newly established legislative committees on Families and Children and Health Services.
What is the current status of HB 387?
This bill has been enacted into law. Introduced February 21, 2023. Enacted.
Where can I track HB 387?
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