HB 408 — AN ACT relating to health services.

UNOFFICIAL COPY 24 RS BRHB 858408/GA AN ACT relating to health services.

(1) For purposes of this section, "voluntarily" describes the action of a resident who elects, of his or her own volition, to leave a facility described in subsection (2) of this section against medical advice and who provides notice to the providerfacility of that decision.he or she intends to leave or who actually leaves the facility.

(2) Any treatmentsubstance centeruse ordisorder program licensedthat asis authorized or regulated under this chapter or that holds a chemical dependency treatment serviceservices pursuantlicense tounder KRS 216B.042222.231 shalland assistissued within alternativeaccordance treatmentwith placementKRS or216B.042 provideshall, transportationfor servicesany toresident residents who wishwishes to voluntarily leave the treatment programprogram, if:either:

(a) AfterObtain expressingagreement thefrom intent to voluntarily leave, the treatmentresident's center or program informs a family member, guardian, or emergency contact ofto personally transport the resident'sresident desirewithin totwenty-four leave;(24) hours;

andor (b) TheMake resident'savailable familytransportation member,services. guardian, or emergency contact does not agree to transport the resident within twenty-four (24) hours.

(3) Transportation services shallmay include providing the resident access to:

(a) A ride-sharing service and purchasing of a one (1) way service toto: the resident's hometown of record;

or1. (b) Public transportation, including but not limited to transporting the resident to the nearest commercial bus station and purchasing a ticket to the resident's hometown of record.

(4)A Thespecific facilitiesaddress described in subsection (2) of this section and law enforcement officers shall only transport residents voluntarily leaving the facility to public transportation locations, the location to meet the driver of a ride-sharing service, the resident's localhometown domicile, or to an alternative accepting treatment facility Page 1 of 7record; XXXX 1/29/2024 4:12 PM Jacketed UNOFFICIAL COPY 24 RS BR 858 located within the Commonwealth.

(5)or Prior2. to admitting a resident into the facility described in subsection (2) of this section, the facility shall conduct a search of any outstanding warrants.

(6)The Acity facilityhall thatin isthe notresident's licensedhometown asof arecord; chemical dependency treatment service pursuant to KRS 216B.042 shall be exempt from this section.

(7)(b) (a)Public Iftransportation, aincluding resident,but requirednot bylimited court order to attendtransporting a treatment facility described in subsection (2) of this section, leaves the facilityresident prior to court approval or prior to completing the conditionsnearest ofcommercial thebus courtstation order,and thepurchasing treatmenta facilityticket shallto notify the court, county attorney, local law enforcement, and the resident's familyhometown of therecord; resident's exit.

(b)(c) A probationmobile officerresponse orteam, peaceas officer,available; acting on information provided by the treatment facility under paragraph (a) of this subsection, who sees the resident violate the terms of his or her conditional discharge or violate the court order shall arrest the resident without a warrant and hold the resident in incarceration until the judge who made the initial court order has a hearing on the resident's violation of that court order.

or (d) Other transportation to a safe place as determined by the facility to be therapeutically appropriate.

(4) The facilities described in subsection (2) of this section and law enforcement Page 1 of 8 HB040810.100 - 858 - XXXX 2/29/2024 3:00 PM GA UNOFFICIAL COPY 24 RS HB 408/GA officers shall only transport residents voluntarily leaving the facility to public transportation locations, the location to meet the driver of a ride-sharing service, or other safe place as determined by the facility to be therapeutically appropriate.

(5) The facilities described in subsection (2) of this section shall make all reasonable attempts to find alternative treatment and resources if a resident voluntarily leaves.

(6) (a) If a resident required by court order to attend a treatment facility described in subsection (2) of this section leaves the facility prior to court approval or prior to completing the conditions of the court order, the treatment facility shall notify the court, county attorney, local law enforcement, and the resident's family of the resident's exit if permitted by:

1.

The Health Insurance Portability and Accountability Act of 1996;

2.

42 C.F.R.

pt.

2;

and 3.

Other applicable and federal patient privacy laws.

(b) A probation officer or peace officer, acting on information provided by the treatment facility under paragraph (a) of this subsection, who sees the resident violate the terms of his or her conditional discharge or violate the court order may arrest the resident without a warrant and incarcerate the resident until the judge who made the initial court order holds a hearing on the resident's violation of that court order.

(7) Any substance use disorder program that is authorized or regulated under this chapter or holds a chemical dependency treatment service license under KRS 222.231 and issued in accordance with KRS 216B.042 shall provide full disclosure of the specific services provided by the substance use disorder program to any potential patients and in any advertisements or other solicitations.

(8) A facility that does not hold a chemical dependency treatment services license under KRS 222.231 and issued in accordance with KRS 216B.042 or is not a Page 2 of 8 HB040810.100 - 858 - XXXX 2/29/2024 3:00 PM GA UNOFFICIAL COPY 24 RS HB 408/GA substance use disorder program that is authorized or regulated under this chapter shall be exempt from this section.

(1) Any treatmentsubstance centeruse ordisorder program licensedthat asis authorized or regulated under this chapter or holds a chemical dependency treatment service pursuantlicense tounder KRS 222.231 and issued in accordance with KRS 216B.042 shall:

(a) Not recruit into their facility any out-of-state residentresident: if the out-of-state resident is enrolled in Medicaid;

1.

If the out-of-state resident is enrolled in Medicaid;

or 2.

With the purpose of enrolling the out-of-state resident in Medicaid in Kentucky;

(2) Any out-of-statesubstance residentuse founddisorder toprogram bethat ineligibleis forauthorized Medicaidor servicesregulated inunder Kentuckythis aschapter a result of failure to establish Kentucky as his or herholds domicilea shallchemical bedependency requiredtreatment toservice reimburselicense anyunder MedicaidKRS fees222.231 paidand forissued onin behalfaccordance ofwith theKRS out-of-state216B.042 residentthat andviolates Pagesubsection 21(a) of 7this XXXXsection 1/29/2024 4:12 PM Jacketed UNOFFICIAL COPY 24 RS BR 858 shall be fined nottwenty lessthousand than five hundred dollars ($500)($20,000) for each dayoffense. the out-of- state resident received Medicaid services in Kentucky at a treatment center or program licensed as a chemical dependency treatment service pursuant to KRS 216B.042.

Section(3) 3.(a) Any out-of-state resident found to be ineligible for Medicaid services in Kentucky as a result of failure to establish Kentucky as his or her domicile shall be required to reimburse any Medicaid fees paid for on behalf of the out-of-state resident.

(b) A substance use disorder program that is authorized or regulated under this chapter or holds a chemical dependency treatment service license under KRS 222.231 and is issued in accordance with KRS 216B.042 shall be fined not less than five hundred dollars ($500) for each day an out-of-state resident received Medicaid services in Kentucky.

Page 3 of 8 HB040810.100 - 858 - XXXX 2/29/2024 3:00 PM GA UNOFFICIAL COPY 24 RS HB 408/GA Section 3.

Page 3 of 7 XXXX 1/29/2024 4:12 PM Jacketed UNOFFICIAL COPY 24 RS BR 858 (4) The secretary may by administrative regulation prescribe conditions for bringing paternity proceedings or actions for support in cases of out of wedlock birth or nonsupport by a parent in the public assistance under Title IV-A of the Federal Social Security Act program.

Page 4 of 8 HB040810.100 - 858 - XXXX 2/29/2024 3:00 PM GA UNOFFICIAL COPY 24 RS HB 408/GA (5) Public assistance shall not be payable to or in behalf of any individual who has taken any legal action in his or her own behalf or in the behalf of others with the intent and purpose of creating eligibility for the assistance.