Kentucky 2024 Regular Session Status: Passed House Bipartisan · 8 R · 4 D cosponsors

HB 199 — AN ACT relating to freestanding birthing centers.

Last action — recommitted to Licensing, Occupations, & Administrative Regulations (H)

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

This bill died with 2024 Regular Session. It reached “Passed House” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there are no live odds of enactment. It would have to be reintroduced in the current session to move again.

Summary

Create a new section of KRS Chapter 216B to define "freestanding birthing center"; require the Cabinet for Health and Family Services to promulgate updated administrative regulations to establish licensure standards for freestanding birthing centers, including requiring accreditation by the Commission for the Accreditation of Birth Centers, compliance with the American Association of Birth Centers' Standards for Birth Centers, and consistent plans for transfer and safe transport to a hospital as needed, and to delineate medical malpractice insurance requirements for centers; exempt a center with no more than four beds from certificate-of-need requirements for establishing and licensing a freestanding birthing center; state intent not to limit or expand liability of a center or health care provider or facility; add requirement for medical malpractice insurance for freestanding birthing centers; prohibit abortions in freestanding birthing centers; amend KRS 216B.015 to include freestanding birthing centers in the definition of "health facility"; amend KRS 216B.020, 196.173, 211.122, 211.647, 211.660, 213.046, 214.155, 214.565, 214.567, 214.569, 216.2920, and 216.2970 to conform; provide that the Act may be cited as the Mary Carol Akers Birth Centers Act.

Bill Text

What changed in the latest version

1049 added · 993 removed

1049 line(s) added, 993 removed.

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UNOFFICIAL COPY 24 RS BR 1416 AN ACT relating to freestanding birthing centers.
UNOFFICIAL COPY 24 RS HB 199/GA AN ACT relating to freestanding birthing centers.
(2) The cabinet shall promulgate updated administrative regulations establishing licensure standards for freestanding birthing centers by December 1, 2024.
(2) The cabinet shall establish licensure standards for freestanding birthing centers that:
The administrative regulations shall:
(b) Be consistent with the American Association of Birth Centers' Standards for Birth Centers;
(b) Delineate requirements for medical malpractice insurance;
(c) Consistent with the requirements of paragraphs (a) and (b) of this subsection, require plans for transfer and safe transport to a hospital when such transfer and transport are needed, including to facilities providing maternal and neonatal intensive care when such care is indicated;
(c) Require a plan for physician collaboration for obstetric services and for pediatric services;
(d) Delineate requirements for medical malpractice insurance for freestanding birthing centers;
(d) Require location within thirty (30) miles of a hospital.
and (e) Not prohibit a hospital from owning or operating a freestanding birthing center that complies with the requirements of this section.
If a hospital located within thirty (30) miles of a freestanding birthing center ceases operations after a freestanding birthing center has been established, the requirement of this paragraph shall not apply to the affected freestanding birthing center;
(3) A certificate of need shall not be required to establish and license a freestanding birthing center with no more than four (4) beds.
(e) Do not prohibit a hospital from owning or operating a freestanding birthing center that complies with the requirements of this section;
(4) (a) Nothing in this section is intended to expand or limit the liability of a health care provider, health care facility, or freestanding birthing center.
and (f) Include any other requirements deemed necessary by the cabinet that are not inconsistent with the other requirements of this section.
Page 1 of 34 BR141600.100 - 1416 - XXXX 3/26/2024 3:12 PM Jacketed UNOFFICIAL COPY 24 RS BR 1416 (b) In the event of an action for injury or death due to any act or omission of a health care provider rendering services at a freestanding birthing center from which an injured patient is transferred to any other licensed health care provider or licensed health care facility:
(3) (a) A freestanding birthing center shall have a clinical director who is a licensed physician or licensed advanced practice registered nurse who has, at a minimum, the following functions:
The liability of the subsequent licensed health care provider or licensed health care facility shall be limited to their own negligent acts and omissions that violate their standards of care according to existing law, except as provided in subparagraph 2.
Participation in approval of criteria that would exclude a client or Page 1 of 36 HB019910.100 - 1416 - XXXX 3/26/2024 3:24 PM GA UNOFFICIAL COPY 24 RS HB 199/GA newborn from receiving care at the freestanding birthing center;
and 2.
Participation in the quality review functions of the freestanding birthing center including review of transfers and sentinel events.
(b) The cabinet shall establish a timeline for a freestanding birthing center to fill the position of clinical director if the position becomes vacant.
(4) A freestanding birthing center shall obtain written informed consent for each client receiving care.
The written informed consent shall include:
(a) A description of the benefits, risks, and eligibility requirements for receiving care at the freestanding birthing center;
(b) A description of the education and credentials of practitioners providing clinical care at the freestanding birthing center;
(c) Instructions for obtaining a copy of the administrative regulations promulgated pursuant to this section;
(d) Instructions for filing a complaint relating to the freestanding birthing center with the cabinet;
(e) A summary of a written protocol for emergencies, including transfer to a higher level of care;
(f) Disclosure of professional liability insurance held by clinical care providers at the freestanding birthing center;
and (g) A summary of procedures established by the freestanding birthing center for professional collaboration with other care providers.
(5) (a) A freestanding birthing center shall have a written patient transfer agreement with a hospital that provides obstetric services.
The cabinet shall establish minimum requirements for the patient transfer agreement which shall include:
1.
Specifying the responsibilities that a freestanding birthing center and a hospital assume in the transfer of a patient;
and Page 2 of 36 HB019910.100 - 1416 - XXXX 3/26/2024 3:24 PM GA UNOFFICIAL COPY 24 RS HB 199/GA 2.
Establishing the freestanding birthing center’s responsibility for:
a.
Notifying the receiving hospital promptly of the impending transfer of a patient;
and b.
Arranging for appropriate and safe transportation.
(b) The cabinet shall establish a process and criteria by which the requirement of paragraph (a) of this subsection may be waived if a freestanding birthing center submits to the cabinet evidence of a failure by a hospital that provides obstetric services to enter into a written patient transfer agreement with the freestanding birthing center.
(6) (a) A freestanding birthing center shall have a written patient transfer agreement with a licensed emergency medical transportation service.
(b) The cabinet shall establish a process and criteria by which the requirement of paragraph (a) of this subsection may be waived if a freestanding birthing center submits to the cabinet evidence of a failure by a licensed emergency medical transportation service to enter into a written patient transfer agreement with the freestanding birthing center.
(7) A certificate of need shall not be required to establish and license a freestanding birthing center with no more than four (4) beds.
(8) (a) Nothing in this section is intended to expand or limit the liability of a health care provider, health care facility, or freestanding birthing center.
(b) In the event of an action for injury or death due to any act or omission of a health care provider rendering services at a freestanding birthing center from which an injured patient is transferred to any other licensed health care provider or licensed health care facility:
1.
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The liability of the subsequent licensed health care provider or licensed health care facility shall be limited to their own negligent acts and omissions that violate their standards of care according to existing Page 3 of 36 HB019910.100 - 1416 - XXXX 3/26/2024 3:24 PM GA UNOFFICIAL COPY 24 RS HB 199/GA law, except as provided in subparagraph 2.
(5) In accordance with KRS 311.772, no person shall perform an abortion in a freestanding birthing center.
(9) In accordance with KRS 311.772, no person shall perform an abortion in a freestanding birthing center.
(10) The cabinet shall promulgate updated administrative regulations in accordance with KRS Chapter 13A to implement the requirements of this section by December 1, 2024.
health facilities which, prior to receipt by Page 2 of 34 BR141600.100 - 1416 - XXXX 3/26/2024 3:12 PM Jacketed UNOFFICIAL COPY 24 RS BR 1416 the agency of the proposal being reviewed, have formally indicated an intention to provide similar services in the future;
health facilities which, prior to receipt by the agency of the proposal being reviewed, have formally indicated an intention to provide similar services in the future;
(4) (a) "Ambulatory surgical center" means a health facility:
Page 4 of 36 HB019910.100 - 1416 - XXXX 3/26/2024 3:24 PM GA UNOFFICIAL COPY 24 RS HB 199/GA (4) (a) "Ambulatory surgical center" means a health facility:
Page 3 of 34 BR141600.100 - 1416 - XXXX 3/26/2024 3:12 PM Jacketed UNOFFICIAL COPY 24 RS BR 1416 (7) "Capital expenditure" means an expenditure made by or on behalf of a health facility which:
(7) "Capital expenditure" means an expenditure made by or on behalf of a health facility which:
(a) Under generally accepted accounting principles is not properly chargeable as an expense of operation and maintenance or is not for investment purposes only;
(a) Under generally accepted accounting principles is not properly chargeable as an expense of operation and maintenance or is not for investment purposes Page 5 of 36 HB019910.100 - 1416 - XXXX 3/26/2024 3:24 PM GA UNOFFICIAL COPY 24 RS HB 199/GA only;
Page 4 of 34 BR141600.100 - 1416 - XXXX 3/26/2024 3:12 PM Jacketed UNOFFICIAL COPY 24 RS BR 1416 (11) "Continuing care retirement community" means a community that provides, on the same campus, a continuum of residential living options and support services to persons sixty (60) years of age or older under a written agreement.
(11) "Continuing care retirement community" means a community that provides, on the same campus, a continuum of residential living options and support services to persons sixty (60) years of age or older under a written agreement.
The residential living options shall include independent living units, nursing home beds, and either assisted living units or personal care beds;
The residential living options shall include independent living units, nursing home beds, and either Page 6 of 36 HB019910.100 - 1416 - XXXX 3/26/2024 3:24 PM GA UNOFFICIAL COPY 24 RS HB 199/GA assisted living units or personal care beds;
(15) "Independent living" means the provision of living units and supportive services, including but not limited to laundry, housekeeping, maintenance, activity direction, Page 5 of 34 BR141600.100 - 1416 - XXXX 3/26/2024 3:12 PM Jacketed UNOFFICIAL COPY 24 RS BR 1416 security, dining options, and transportation;
(15) "Independent living" means the provision of living units and supportive services, including but not limited to laundry, housekeeping, maintenance, activity direction, security, dining options, and transportation;
(16) "Intraoperative surgical care" includes the practice of surgical assisting in which the certified surgical assistant or physician assistant is working under the direction of the operating physician as a first or second assist, and which may include the following procedures:
(16) "Intraoperative surgical care" includes the practice of surgical assisting in which the certified surgical assistant or physician assistant is working under the direction of the operating physician as a first or second assist, and which may include the Page 7 of 36 HB019910.100 - 1416 - XXXX 3/26/2024 3:24 PM GA UNOFFICIAL COPY 24 RS HB 199/GA following procedures:
(a) Repairs, renovations, alterations, and improvements to the physical plant of a health facility which do not result in a substantial change in beds, a substantial change in a health service, or the addition of major medical equipment, and do Page 6 of 34 BR141600.100 - 1416 - XXXX 3/26/2024 3:12 PM Jacketed UNOFFICIAL COPY 24 RS BR 1416 not constitute the replacement or relocation of a health facility;
(a) Repairs, renovations, alterations, and improvements to the physical plant of a health facility which do not result in a substantial change in beds, a substantial change in a health service, or the addition of major medical equipment, and do not constitute the replacement or relocation of a health facility;
2.
Page 8 of 36 HB019910.100 - 1416 - XXXX 3/26/2024 3:24 PM GA UNOFFICIAL COPY 24 RS HB 199/GA 2.
Page 7 of 34 BR141600.100 - 1416 - XXXX 3/26/2024 3:12 PM Jacketed UNOFFICIAL COPY 24 RS BR 1416 (e) Any recommendation or decision of the cabinet;
(e) Any recommendation or decision of the cabinet;
and (h) Any other items required by administrative regulations promulgated by the cabinet;
and Page 9 of 36 HB019910.100 - 1416 - XXXX 3/26/2024 3:24 PM GA UNOFFICIAL COPY 24 RS HB 199/GA (h) Any other items required by administrative regulations promulgated by the cabinet;
Page 8 of 34 BR141600.100 - 1416 - XXXX 3/26/2024 3:12 PM Jacketed UNOFFICIAL COPY 24 RS BR 1416 (29) "Substantial change in a health service" means:
(29) "Substantial change in a health service" means:
(30) "Substantial change in bed capacity" means the addition or reduction of beds by licensure classification within a health facility;
Page 10 of 36 HB019910.100 - 1416 - XXXX 3/26/2024 3:24 PM GA UNOFFICIAL COPY 24 RS HB 199/GA (30) "Substantial change in bed capacity" means the addition or reduction of beds by licensure classification within a health facility;
Page 9 of 34 BR141600.100 - 1416 - XXXX 3/26/2024 3:12 PM Jacketed UNOFFICIAL COPY 24 RS BR 1416 An option to purchase or lease which is not binding shall not be considered an enforceable contract;
An option to purchase or lease which is not binding shall not be considered an enforceable contract;
and (36) "To offer" means, when used in connection with health services, to hold a health facility out as capable of providing, or as having the means of providing, specified health services.
and (36) "To offer" means, when used in connection with health services, to hold a health facility out as capable of providing, or as having the means of providing, specified Page 11 of 36 HB019910.100 - 1416 - XXXX 3/26/2024 3:24 PM GA UNOFFICIAL COPY 24 RS HB 199/GA health services.
nursing home beds that shall be exclusively limited to on-campus residents of a certified continuing care Page 10 of 34 BR141600.100 - 1416 - XXXX 3/26/2024 3:12 PM Jacketed UNOFFICIAL COPY 24 RS BR 1416 retirement community;
nursing home beds that shall be exclusively limited to on-campus residents of a certified continuing care retirement community;
the relocation of acute care beds which occur among acute care hospitals under common ownership and which are located in the same area development district so long as there is no substantial change in services and the relocation does not result in the establishment of a new service at the receiving hospital for which a certificate of need is required;
the relocation of acute care beds which Page 12 of 36 HB019910.100 - 1416 - XXXX 3/26/2024 3:24 PM GA UNOFFICIAL COPY 24 RS HB 199/GA occur among acute care hospitals under common ownership and which are located in the same area development district so long as there is no substantial change in services and the relocation does not result in the establishment of a new service at the receiving hospital for which a certificate of need is required;
(b) Office buildings built by or on behalf of a health facility for the exclusive use Page 11 of 34 BR141600.100 - 1416 - XXXX 3/26/2024 3:12 PM Jacketed UNOFFICIAL COPY 24 RS BR 1416 of physicians, dentists, and other practitioners of the healing arts;
(b) Office buildings built by or on behalf of a health facility for the exclusive use of physicians, dentists, and other practitioners of the healing arts;
unless the physician's office meets the criteria set forth in KRS 216B.015(5), or unless the physician's office is also an abortion facility as defined in KRS 216B.015, except no capital expenditure or expenses relating to any such building shall be chargeable to or reimbursable as a cost for providing inpatient services offered by a health facility;
unless the physician's office meets the criteria set forth in KRS 216B.015(5), or unless the physician's office is also an abortion facility as defined in KRS 216B.015, except no capital expenditure or expenses relating to any such building shall Page 13 of 36 HB019910.100 - 1416 - XXXX 3/26/2024 3:24 PM GA UNOFFICIAL COPY 24 RS HB 199/GA be chargeable to or reimbursable as a cost for providing inpatient services offered by a health facility;
and (g) On-duty police and fire department personnel assisting in emergency situations by providing first aid or transportation when regular emergency Page 12 of 34 BR141600.100 - 1416 - XXXX 3/26/2024 3:12 PM Jacketed UNOFFICIAL COPY 24 RS BR 1416 units licensed to provide first aid or transportation are unable to arrive at the scene of an emergency situation within a reasonable time.
and (g) On-duty police and fire department personnel assisting in emergency situations by providing first aid or transportation when regular emergency units licensed to provide first aid or transportation are unable to arrive at the scene of an emergency situation within a reasonable time.
(a) Primary care centers;
Page 14 of 36 HB019910.100 - 1416 - XXXX 3/26/2024 3:24 PM GA UNOFFICIAL COPY 24 RS HB 199/GA (a) Primary care centers;
Chronic renal dialysis;[ Page 13 of 34 BR141600.100 - 1416 - XXXX 3/26/2024 3:12 PM Jacketed UNOFFICIAL COPY 24 RS BR 1416 6.
Chronic renal dialysis;[ 6.
(d) An abortion facility that requires licensure pursuant to KRS 216B.0431;
Page 15 of 36 HB019910.100 - 1416 - XXXX 3/26/2024 3:24 PM GA UNOFFICIAL COPY 24 RS HB 199/GA (d) An abortion facility that requires licensure pursuant to KRS 216B.0431;
(b) A city or county government that has conducted a public hearing for the purposes of demonstrating that an imperative need exists in the city or county Page 14 of 34 BR141600.100 - 1416 - XXXX 3/26/2024 3:12 PM Jacketed UNOFFICIAL COPY 24 RS BR 1416 to provide emergency ambulance transport services within its jurisdictional boundaries shall not be required to obtain a certificate of need for the city or county to:
(b) A city or county government that has conducted a public hearing for the purposes of demonstrating that an imperative need exists in the city or county to provide emergency ambulance transport services within its jurisdictional boundaries shall not be required to obtain a certificate of need for the city or county to:
Directly provide emergency ambulance transport services as defined in this subsection within the city's or county's jurisdictional boundaries;
Directly provide emergency ambulance transport services as defined in Page 16 of 36 HB019910.100 - 1416 - XXXX 3/26/2024 3:24 PM GA UNOFFICIAL COPY 24 RS HB 199/GA this subsection within the city's or county's jurisdictional boundaries;
(9) (a) Except where a certificate of need is not required pursuant to subsection (6), (7), or (8) of this section, the cabinet shall grant nonsubstantive review for a certificate of need proposal to establish an ambulance service that is owned by Page 15 of 34 BR141600.100 - 1416 - XXXX 3/26/2024 3:12 PM Jacketed UNOFFICIAL COPY 24 RS BR 1416 a:
(9) (a) Except where a certificate of need is not required pursuant to subsection (6), (7), or (8) of this section, the cabinet shall grant nonsubstantive review for a certificate of need proposal to establish an ambulance service that is owned by a:
(b) A notice shall be sent by the cabinet to all cities and counties that a certificate of need proposal to establish an ambulance service has been submitted by a hospital.
Page 17 of 36 HB019910.100 - 1416 - XXXX 3/26/2024 3:24 PM GA UNOFFICIAL COPY 24 RS HB 199/GA (b) A notice shall be sent by the cabinet to all cities and counties that a certificate of need proposal to establish an ambulance service has been submitted by a hospital.
(b) All actions taken by cities, counties, and hospitals, exemptions from obtaining a certificate of need, and any certificate of need granted under subsections (7), Page 16 of 34 BR141600.100 - 1416 - XXXX 3/26/2024 3:12 PM Jacketed UNOFFICIAL COPY 24 RS BR 1416 (8), and (9) of this section prior to July 1, 2026, shall remain in effect on and after July 1, 2026.
(b) All actions taken by cities, counties, and hospitals, exemptions from obtaining a certificate of need, and any certificate of need granted under subsections (7), (8), and (9) of this section prior to July 1, 2026, shall remain in effect on and after July 1, 2026.
(1) Except as provided in subsection (2) of this section, an inmate housed in a jail, penitentiary, or local or state correctional or detention facility, residential center, or reentry center who is known to be pregnant shall be restrained solely with handcuffs in front of her body unless further restraint is required to protect herself or others.
(1) Except as provided in subsection (2) of this section, an inmate housed in a jail, Page 18 of 36 HB019910.100 - 1416 - XXXX 3/26/2024 3:24 PM GA UNOFFICIAL COPY 24 RS HB 199/GA penitentiary, or local or state correctional or detention facility, residential center, or reentry center who is known to be pregnant shall be restrained solely with handcuffs in front of her body unless further restraint is required to protect herself or others.
Page 17 of 34 BR141600.100 - 1416 - XXXX 3/26/2024 3:12 PM Jacketed UNOFFICIAL COPY 24 RS BR 1416 (2) The Cabinet for Health and Family Services shall establish a collaborative panel composed of representatives of health care facilities that provide obstetrical and newborn care, maternal and infant health care providers, maternal mental health providers, representatives of university mental health training programs, maternal health advocates, women with experience living with perinatal mental health disorders, and other stakeholders for the purposes of:
(2) The Cabinet for Health and Family Services shall establish a collaborative panel composed of representatives of health care facilities that provide obstetrical and newborn care, maternal and infant health care providers, maternal mental health providers, representatives of university mental health training programs, maternal Page 19 of 36 HB019910.100 - 1416 - XXXX 3/26/2024 3:24 PM GA UNOFFICIAL COPY 24 RS HB 199/GA health advocates, women with experience living with perinatal mental health disorders, and other stakeholders for the purposes of:
Page 18 of 34 BR141600.100 - 1416 - XXXX 3/26/2024 3:12 PM Jacketed UNOFFICIAL COPY 24 RS BR 1416 (1) The office, on receipt of an auditory screening report of an infant from a hospital or freestanding[alternative] birthing center in accordance with KRS 216.2970 shall review each auditory screening report that indicates a potential hearing loss.
(1) The office, on receipt of an auditory screening report of an infant from a hospital or freestanding[alternative] birthing center in accordance with KRS 216.2970 shall review each auditory screening report that indicates a potential hearing loss.
The office shall contact the parents to schedule follow-up evaluations or make a referral for evaluations within three (3) business days.
The office shall contact the parents to schedule follow-up evaluations or make a referral Page 20 of 36 HB019910.100 - 1416 - XXXX 3/26/2024 3:24 PM GA UNOFFICIAL COPY 24 RS HB 199/GA for evaluations within three (3) business days.
A center shall submit documentation to the office of a referral made Page 19 of 34 BR141600.100 - 1416 - XXXX 3/26/2024 3:12 PM Jacketed UNOFFICIAL COPY 24 RS BR 1416 to the Kentucky Early Intervention System.
A center shall submit documentation to the office of a referral made to the Kentucky Early Intervention System.
(6) If the audiological evaluation performed by the office contains evidence of a hearing loss, within forty-eight (48) hours the office shall:
(6) If the audiological evaluation performed by the office contains evidence of a Page 21 of 36 HB019910.100 - 1416 - XXXX 3/26/2024 3:24 PM GA UNOFFICIAL COPY 24 RS HB 199/GA hearing loss, within forty-eight (48) hours the office shall:
Page 20 of 34 BR141600.100 - 1416 - XXXX 3/26/2024 3:12 PM Jacketed UNOFFICIAL COPY 24 RS BR 1416 (3) (a) The department may require general acute-care hospitals licensed under KRS Chapter 216B to maintain a list of all inpatients and voluntarily to maintain a list of all outpatients up to the age of five (5) years with a primary diagnosis of a congenital anomaly or high-risk condition as defined by the department upon the recommendation of the appointed advisory committee.
(3) (a) The department may require general acute-care hospitals licensed under KRS Chapter 216B to maintain a list of all inpatients and voluntarily to maintain a list of all outpatients up to the age of five (5) years with a primary diagnosis of a congenital anomaly or high-risk condition as defined by the department Page 22 of 36 HB019910.100 - 1416 - XXXX 3/26/2024 3:24 PM GA UNOFFICIAL COPY 24 RS HB 199/GA upon the recommendation of the appointed advisory committee.
(6) The Department for Public Health may implement the provisions of KRS 211.651 to 211.670 through the promulgation of administrative regulations in accordance Page 21 of 34 BR141600.100 - 1416 - XXXX 3/26/2024 3:12 PM Jacketed UNOFFICIAL COPY 24 RS BR 1416 with the provisions of KRS Chapter 13A.
(6) The Department for Public Health may implement the provisions of KRS 211.651 to 211.670 through the promulgation of administrative regulations in accordance with the provisions of KRS Chapter 13A.
(1) A certificate of birth for each live birth which occurs in the Commonwealth shall be filed with the state registrar within five (5) working days after such birth and shall be registered if it has been completed and filed in accordance with this section and applicable administrative regulations.
(1) A certificate of birth for each live birth which occurs in the Commonwealth shall be filed with the state registrar within five (5) working days after such birth and shall Page 23 of 36 HB019910.100 - 1416 - XXXX 3/26/2024 3:24 PM GA UNOFFICIAL COPY 24 RS HB 199/GA be registered if it has been completed and filed in accordance with this section and applicable administrative regulations.
Page 22 of 34 BR141600.100 - 1416 - XXXX 3/26/2024 3:12 PM Jacketed UNOFFICIAL COPY 24 RS BR 1416 (b) Attempt to ascertain whether the father of the child is available in the health facility[hospital], and, if so, to meet with him, if possible;
(b) Attempt to ascertain whether the father of the child is available in the health facility[hospital], and, if so, to meet with him, if possible;
(d) Provide the unmarried mother, and, if possible, the father, with the voluntary paternity form necessary to voluntarily establish paternity;
(d) Provide the unmarried mother, and, if possible, the father, with the voluntary Page 24 of 36 HB019910.100 - 1416 - XXXX 3/26/2024 3:24 PM GA UNOFFICIAL COPY 24 RS HB 199/GA paternity form necessary to voluntarily establish paternity;
(4) The voluntary acknowledgment of paternity and declaration of paternity forms Page 23 of 34 BR141600.100 - 1416 - XXXX 3/26/2024 3:12 PM Jacketed UNOFFICIAL COPY 24 RS BR 1416 designated by the Vital Statistics Branch shall be the only documents having the same weight and authority as a judgment of paternity.
(4) The voluntary acknowledgment of paternity and declaration of paternity forms designated by the Vital Statistics Branch shall be the only documents having the same weight and authority as a judgment of paternity.
(a) Provide to all public and private health facilities offering obstetric or midwifery services[ birthing hospitals] in the state written materials in accessible formats and audio or video materials concerning paternity establishment forms necessary to voluntarily acknowledge paternity;
(a) Provide to all public and private health facilities offering obstetric or Page 25 of 36 HB019910.100 - 1416 - XXXX 3/26/2024 3:24 PM GA UNOFFICIAL COPY 24 RS HB 199/GA midwifery services[ birthing hospitals] in the state written materials in accessible formats and audio or video materials concerning paternity establishment forms necessary to voluntarily acknowledge paternity;
Page 24 of 34 BR141600.100 - 1416 - XXXX 3/26/2024 3:12 PM Jacketed UNOFFICIAL COPY 24 RS BR 1416 (8) If a birth occurs on a moving conveyance within the United States and the child is first removed from the conveyance in the Commonwealth, the birth shall be registered in the Commonwealth, and the place where the child is first removed shall be considered the place of birth.
(8) If a birth occurs on a moving conveyance within the United States and the child is first removed from the conveyance in the Commonwealth, the birth shall be registered in the Commonwealth, and the place where the child is first removed shall be considered the place of birth.
If a birth occurs on a moving conveyance while in international waters or air space or in a foreign country or its air space and the child is first removed from the conveyance in the Commonwealth, the birth shall be registered in the Commonwealth, but the certificate shall show the actual place of birth insofar as can be determined.
If a birth occurs on a moving conveyance Page 26 of 36 HB019910.100 - 1416 - XXXX 3/26/2024 3:24 PM GA UNOFFICIAL COPY 24 RS HB 199/GA while in international waters or air space or in a foreign country or its air space and the child is first removed from the conveyance in the Commonwealth, the birth shall be registered in the Commonwealth, but the certificate shall show the actual place of birth insofar as can be determined.
Page 25 of 34 BR141600.100 - 1416 - XXXX 3/26/2024 3:12 PM Jacketed UNOFFICIAL COPY 24 RS BR 1416 (a) The name of the father shall not be entered on the certificate of birth.
(a) The name of the father shall not be entered on the certificate of birth.
The surname of the child shall be any name chosen by the mother and father.
The surname of the child shall be any name chosen by the mother Page 27 of 36 HB019910.100 - 1416 - XXXX 3/26/2024 3:24 PM GA UNOFFICIAL COPY 24 RS HB 199/GA and father.
(15) Either of the parents of the child, or other informant, shall attest to the accuracy of Page 26 of 34 BR141600.100 - 1416 - XXXX 3/26/2024 3:12 PM Jacketed UNOFFICIAL COPY 24 RS BR 1416 the personal data entered on the certificate in time to permit the filing of the certificate within ten (10) days prescribed in subsection (1) of this section.
(15) Either of the parents of the child, or other informant, shall attest to the accuracy of the personal data entered on the certificate in time to permit the filing of the certificate within ten (10) days prescribed in subsection (1) of this section.
(16) When a birth certificate is filed for any birth that occurred outside a health facility[an institution], the Cabinet for Health and Family Services shall forward information regarding the need for an auditory screening for an infant and a list of options available for obtaining an auditory screening for an infant.
(16) When a birth certificate is filed for any birth that occurred outside a health facility[an institution], the Cabinet for Health and Family Services shall forward Page 28 of 36 HB019910.100 - 1416 - XXXX 3/26/2024 3:24 PM GA UNOFFICIAL COPY 24 RS HB 199/GA information regarding the need for an auditory screening for an infant and a list of options available for obtaining an auditory screening for an infant.
(b) Prescribe the manner of procedures, testing specimens, and recording and Page 27 of 34 BR141600.100 - 1416 - XXXX 3/26/2024 3:12 PM Jacketed UNOFFICIAL COPY 24 RS BR 1416 reporting the results of newborn screening tests;
(b) Prescribe the manner of procedures, testing specimens, and recording and reporting the results of newborn screening tests;
(2) The administrative officer or other person in charge of each health facility[institution] caring for infants twenty-eight (28) days or less of age and the person required in pursuance of the provisions of KRS 213.046 shall register the birth of a child and cause to have administered to every such infant or child in its or his care tests for heritable disorders, including but not limited to phenylketonuria (PKU), sickle cell disease, congenital hypothyroidism, galactosemia, medium-chain acyl-CoA dehydrogenase deficiency (MCAD), very long-chain acyl-CoA deficiency (VLCAD), short-chain acyl-CoA dehydrogenase deficiency (SCAD), maple syrup urine disease (MSUD), congenital adrenal hyperplasia (CAH), biotinidase disorder, cystic fibrosis (CF), 3-methylcrotonyl-CoA carboxylase deficiency (3MCC), 3-OH 3-CH3 glutaric aciduria (HMG), argininosuccinic acidemia (ASA), beta-ketothiolase deficiency (BKT), carnitine uptake defect (CUD), citrullinemia (CIT), glutaric acidemia type I (GA I), Hb S/beta-thalassemia (Hb S/Th), Hb S/C disease (Hb S/C), homocystinuria (HCY), isovaleric acidemia (IVA), long-chain L-3-OH acyl-CoA dehydrogenase deficiency (LCAD), methylmalonic acidemia (Cbl A,B), methylmalonic acidemia mutase deficiency (MUT), multiple carboxylase deficiency (MCD), propionic acidemia (PA), trifunctional protein deficiency (TFP), tyrosinemia type I (TYR I), spinal muscular atrophy (SMA), and krabbe disease.
(2) The administrative officer or other person in charge of each health facility[institution] caring for infants twenty-eight (28) days or less of age and the Page 29 of 36 HB019910.100 - 1416 - XXXX 3/26/2024 3:24 PM GA UNOFFICIAL COPY 24 RS HB 199/GA person required in pursuance of the provisions of KRS 213.046 shall register the birth of a child and cause to have administered to every such infant or child in its or his care tests for heritable disorders, including but not limited to phenylketonuria (PKU), sickle cell disease, congenital hypothyroidism, galactosemia, medium-chain acyl-CoA dehydrogenase deficiency (MCAD), very long-chain acyl-CoA deficiency (VLCAD), short-chain acyl-CoA dehydrogenase deficiency (SCAD), maple syrup urine disease (MSUD), congenital adrenal hyperplasia (CAH), biotinidase disorder, cystic fibrosis (CF), 3-methylcrotonyl-CoA carboxylase deficiency (3MCC), 3-OH 3-CH3 glutaric aciduria (HMG), argininosuccinic acidemia (ASA), beta-ketothiolase deficiency (BKT), carnitine uptake defect (CUD), citrullinemia (CIT), glutaric acidemia type I (GA I), Hb S/beta-thalassemia (Hb S/Th), Hb S/C disease (Hb S/C), homocystinuria (HCY), isovaleric acidemia (IVA), long-chain L-3-OH acyl-CoA dehydrogenase deficiency (LCAD), methylmalonic acidemia (Cbl A,B), methylmalonic acidemia mutase deficiency (MUT), multiple carboxylase deficiency (MCD), propionic acidemia (PA), trifunctional protein deficiency (TFP), tyrosinemia type I (TYR I), spinal muscular atrophy (SMA), and krabbe disease.
(3) The administrative officer or other person in charge of each health facility[institution] caring for infants twenty-eight (28) days or less of age and the person required in pursuance of the provisions of KRS 213.046 shall register the birth of a child and cause to have administered to every such infant or child in its or Page 28 of 34 BR141600.100 - 1416 - XXXX 3/26/2024 3:12 PM Jacketed UNOFFICIAL COPY 24 RS BR 1416 his care a screening for critical congenital heart disease (CCHD) prior to discharge unless CCHD has been ruled out or diagnosed with prior echocardiogram or prenatal diagnosis of CCHD.
(3) The administrative officer or other person in charge of each health facility[institution] caring for infants twenty-eight (28) days or less of age and the person required in pursuance of the provisions of KRS 213.046 shall register the birth of a child and cause to have administered to every such infant or child in its or his care a screening for critical congenital heart disease (CCHD) prior to discharge unless CCHD has been ruled out or diagnosed with prior echocardiogram or prenatal diagnosis of CCHD.
(4) Each health care provider of newborn care shall provide an infant's parent or guardian with information about the newborn screening tests required under subsections (2) and (3) of this section.
(4) Each health care provider of newborn care shall provide an infant's parent or Page 30 of 36 HB019910.100 - 1416 - XXXX 3/26/2024 3:24 PM GA UNOFFICIAL COPY 24 RS HB 199/GA guardian with information about the newborn screening tests required under subsections (2) and (3) of this section.
Page 29 of 34 BR141600.100 - 1416 - XXXX 3/26/2024 3:12 PM Jacketed UNOFFICIAL COPY 24 RS BR 1416 sec.
sec.
(b) The cabinet shall enter into agreements with public or private qualified laboratories to perform newborn screening tests if the laboratory operated by the cabinet is unable to screen for a condition specified in subsection (2) of this section.
(b) The cabinet shall enter into agreements with public or private qualified laboratories to perform newborn screening tests if the laboratory operated by Page 31 of 36 HB019910.100 - 1416 - XXXX 3/26/2024 3:24 PM GA UNOFFICIAL COPY 24 RS HB 199/GA the cabinet is unable to screen for a condition specified in subsection (2) of this section.
and Page 30 of 34 BR141600.100 - 1416 - XXXX 3/26/2024 3:12 PM Jacketed UNOFFICIAL COPY 24 RS BR 1416 (3) "Health care provider" means a licensed provider who has the care of pregnant women within his or her professional scope of practice["Physician" means any person licensed to practice medicine under KRS Chapter 311].
and (3) "Health care provider" means a licensed provider who has the care of pregnant women within his or her professional scope of practice["Physician" means any person licensed to practice medicine under KRS Chapter 311].
(1) The department shall make available to the public on its website[Web site] educational resources regarding the incidence of congenital cytomegalovirus, including information about:
Page 32 of 36 HB019910.100 - 1416 - XXXX 3/26/2024 3:24 PM GA UNOFFICIAL COPY 24 RS HB 199/GA (1) The department shall make available to the public on its website[Web site] educational resources regarding the incidence of congenital cytomegalovirus, including information about:
Page 31 of 34 BR141600.100 - 1416 - XXXX 3/26/2024 3:12 PM Jacketed UNOFFICIAL COPY 24 RS BR 1416 Section 13.
Section 13.
(1) "Ambulatory facility" means an outpatient facility, including an ambulatory surgical facility, [freestanding birth center, ]freestanding or mobile technology unit, or an urgent treatment center, that is not part of a hospital and that provides one (1) or more ambulatory procedures to patients not requiring hospitalization;
(1) "Ambulatory facility" means an outpatient facility, including an ambulatory surgical facility, [freestanding birth center, ]freestanding or mobile technology unit, Page 33 of 36 HB019910.100 - 1416 - XXXX 3/26/2024 3:24 PM GA UNOFFICIAL COPY 24 RS HB 199/GA or an urgent treatment center, that is not part of a hospital and that provides one (1) or more ambulatory procedures to patients not requiring hospitalization;
and (g) Other health-care practitioners as determined by the Cabinet for Health and Family Services by administrative regulation promulgated pursuant to KRS Page 32 of 34 BR141600.100 - 1416 - XXXX 3/26/2024 3:12 PM Jacketed UNOFFICIAL COPY 24 RS BR 1416 Chapter 13A;
and (g) Other health-care practitioners as determined by the Cabinet for Health and Family Services by administrative regulation promulgated pursuant to KRS Chapter 13A;
(7) "Procedures" means those surgical, medical, radiological, diagnostic, or therapeutic procedures performed by a provider, as periodically determined by the cabinet in administrative regulations promulgated pursuant to KRS Chapter 13A as those for which reports to the cabinet shall be required.
Page 34 of 36 HB019910.100 - 1416 - XXXX 3/26/2024 3:24 PM GA UNOFFICIAL COPY 24 RS HB 199/GA (7) "Procedures" means those surgical, medical, radiological, diagnostic, or therapeutic procedures performed by a provider, as periodically determined by the cabinet in administrative regulations promulgated pursuant to KRS Chapter 13A as those for which reports to the cabinet shall be required.
(c) Office for Children with Special Health Care Needs for evaluation or referral Page 33 of 34 BR141600.100 - 1416 - XXXX 3/26/2024 3:12 PM Jacketed UNOFFICIAL COPY 24 RS BR 1416 for further evaluation in accordance with KRS 211.647;
(c) Office for Children with Special Health Care Needs for evaluation or referral for further evaluation in accordance with KRS 211.647;
(3) An auditory screening report that does not indicate a potential hearing loss shall be forwarded within one (1) week to the Office for Children with Special Health Care Needs with no information that personally identifies the child.
Page 35 of 36 HB019910.100 - 1416 - XXXX 3/26/2024 3:24 PM GA UNOFFICIAL COPY 24 RS HB 199/GA (3) An auditory screening report that does not indicate a potential hearing loss shall be forwarded within one (1) week to the Office for Children with Special Health Care Needs with no information that personally identifies the child.
Page 34 of 34 BR141600.100 - 1416 - XXXX 3/26/2024 3:12 PM Jacketed
Page 36 of 36 HB019910.100 - 1416 - XXXX 3/26/2024 3:24 PM GA
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Action History

  1. recommitted to Licensing, Occupations, & Administrative Regulations (H)

  2. floor amendments (1), (2) and (3) filed

  3. returned to Committee on Committees (S)

  4. 2nd reading

  5. taken from Committee on Committees (S)

  6. returned to Committee on Committees (S)

  7. 1st reading

  8. taken from Committee on Committees (S)

  9. to Committee on Committees (S)

  10. received in Senate

  11. 3rd reading, passed 69-25 with Floor Amendment (2)

  12. posted for passage in the Regular Orders of the Day for Tuesday, March 26, 2024

  13. floor amendment (2) filed

  14. floor amendment (1) filed

  15. 2nd reading, to Rules

  16. reported favorably, 1st reading, to Calendar

  17. to Licensing, Occupations, & Administrative Regulations (H)

  18. to Committee on Committees (H)

  19. introduced in House

Sponsors

Sponsorship breakdown

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13 sponsors · 0 co-sponsors · 125 not signed on · 23 voted No

Sponsors (13)

Co-sponsors (0)

None.

Not signed on (125)

125 members have not signed on to this bill.

Show all 125 →

"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.

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Votes

Pass

Passed 69 Yea · 25 Nay · 6 Other
Party YeaNayPresentNot Voting
Democrat 14001
Unaffiliated 9201
Republican 462304
Total 692506
% of votes cast 69%25%0%6%
How each member voted (100)
Member Party Vote
Graham — Yea
Dixon — Yea
Bentley — Yea
Heath — Yea
Palumbo — Yea
Gilbert — Yea
Raymond — Yea
Justice — Nay
Timoney — Nay
Pratt — Not Voting
Bratcher K. — Yea
Stevenson C — Yea
Adrielle Camuel Democrat Yea
Al Gentry Democrat Yea
Ashley Tackett Laferty Democrat Not Voting
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
Adam Bowling Republican Nay
Amy Neighbors Republican Nay
Bill Wesley Republican Yea
Bobby McCool Republican Not Voting
Candy Massaroni Republican Yea
Chris Freeland Republican Yea
Chris Fugate Republican Yea
DJ Johnson Republican Yea
Daniel Elliott Republican Not Voting
Daniel Fister Republican Yea
David Hale Republican Nay
David Meade Republican Yea
David W. Osborne Republican Yea
Deanna Gordon Republican Nay
Derek Lewis Republican Nay
Emily Callaway Republican Yea
Felicia Rabourn Republican Yea
James Tipton Republican Yea
Jared Bauman Republican Yea
Jason Nemes Republican Yea
Jason Petrie Republican Nay
Jennifer Decker Republican Yea
Jim Gooch Jr. Republican Yea
John Blanton Republican Nay
John Hodgson Republican Yea
Josh Branscum Republican Nay
Josh Bray Republican Nay
Josh Calloway Republican Yea
Ken Fleming Republican Yea
Ken Upchurch Republican Nay
Kevin Jackson Republican Nay
Kim Banta Republican Yea
Kim King Republican Nay
Kimberly Poore Moser Republican Not Voting
Marianne Proctor Republican Yea
Mark Hart Republican Yea
Mary Beth Imes Republican Yea
Matt Lockett Republican Yea
Matthew Koch Republican Yea
Michael Meredith Republican Yea
Michael Sarge Pollock Republican Nay
Mike Clines Republican Nay
Myron Dossett Republican Yea
Nancy Tate Republican Yea
Nick Wilson Republican Yea
Patrick Flannery Republican Nay
Peyton Griffee Republican Yea
Randy Bridges Republican Yea
Rebecca Raymer Republican Nay
Richard White Republican Yea
Robert Duvall Republican Yea
Ryan Dotson Republican Yea
Samara Heavrin Republican Yea
Savannah Maddox Republican Yea
Scott Lewis Republican Not Voting
Scott Sharp Republican Nay
Shane Baker Republican Yea
Shawn McPherson Republican Nay
Stephanie Dietz Republican Nay
Steve Bratcher Republican Yea
Steve Rawlings Republican Yea
Steve Riley Republican Nay
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 Nay
Tom Smith Republican Nay
Wade Williams Republican Nay
Walker Thomas Republican Yea
William Lawrence Republican Yea

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Subjects

healthcare health-insurance
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Frequently asked questions

What does HB 199 do?
Create a new section of KRS Chapter 216B to define "freestanding birthing center"; require the Cabinet for Health and Family Services to promulgate updated administrative regulations to establish licensure standards for freestanding birthing centers, including requiring accreditation by the Commission for the Accreditation of Birth Centers, compliance with the American Association of Birth Centers' Standards for Birth Centers, and consistent plans for transfer and safe transport to a hospital as needed, and to delineate medical malpractice insurance requirements for centers; exempt a center with no more than four beds from certificate-of-need requirements for establishing and licensing a freestanding birthing center; state intent not to limit or expand liability of a center or health care provider or facility; add requirement for medical malpractice insurance for freestanding birthing centers; prohibit abortions in freestanding birthing centers; amend KRS 216B.015 to include freestanding birthing centers in the definition of "health facility"; amend KRS 216B.020, 196.173, 211.122, 211.647, 211.660, 213.046, 214.155, 214.565, 214.567, 214.569, 216.2920, and 216.2970 to conform; provide that the Act may be cited as the Mary Carol Akers Birth Centers Act.
Who sponsors HB 199?
HB 199 is sponsored by Jason Nemes (Republican), Steve Bratcher (Republican), Beverly Chester-Burton (Democrat), Daniel Fister (Republican), Daniel Grossberg (Democrat), John Hodgson (Republican), Candy Massaroni (Republican), R. Palumbo, Marianne Proctor (Republican), Steve Rawlings (Republican), Sarah Stalker (Democrat), and Lisa Willner (Democrat).
What is the current status of HB 199?
This bill died with 2024 Regular Session. It reached “Passed House” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track HB 199?
Track HB 199 free on One Click Politics — get push/email alerts when it moves.

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