SB71: AN ACT relating to health services.

Legislative Summary

Creates a new section of KRS Chapter 31 to define “alternative sentencing worker,” “qualified treatment program,” and “treatment program,” to allow a court to issue an order for pretrial release pending an assessment for a mental health or substance use disorder and to allow the prosecution to object, to require that a needs assessment be conducted within 48 hours and to establish who may conduct the assessment, to require that a treatment plan be developed by a qualified health professional who is employed by a treatment program, to allow a court to approve the treatment plan without a hearing or allow the court to schedule a hearing, to allow the court to put conditions on pretrial release, to require that the Department of Public Advocacy and defense counsel consider all appropriate and competent facilities and not discriminate against any facility based on religious content, and to allow that facilities or programs be recommended if they are consistent with a client’s personal religious belief; amends KRS 31.030 to require that the Department of Public Advocacy submit a report, and to require that alternative sentencing workers complete continuing education related to substance use disorder and comply with kickback provisions; amends KRS 202A.011 to define “contract mental health evaluator”; amends KRS 202A.041 to replace “qualified mental health professional” with “contract mental health evaluator” and to set forth state compensation requirements when a sheriff or other peace officer must remain with a person after requesting evaluation by a contract mental health evaluator; amends KRS 205.200, relating to residency requirements for Medicaid, to prohibit relocation to Kentucky solely for receiving medical services using Medicaid, and to allow an individual to submit proof of residency; creates a new section of KRS Chapter 222 to require any substance use disorder program authorized or regulated under the chapter, or substance use disorder program that holds a chemical dependency treatment services license under KRS 222.231 that was issued in accordance with KRS 216B.042, or recovery residence as defined in KRS 222.500 to obtain agreement from the resident’s family member, guardian, or emergency contact to personally transport the resident or make available transportation services for any resident who wishes to leave the treatment program, except where prohibited by federal law; creates a new section of KRS Chapter 222 to outline transportation service responsibilities; creates a new section of KRS Chapter 222 to allow treatment facilities to notify the court, Commonwealth’s attorney, county attorney, local law enforcement, emergency contact, or court-designated individual if a resident leaves a facility prior to court approval or prior to completing the conditions of the court order if permitted by state and federal law; creates a new section of KRS Chapter 222 to require the facilities to provide full disclosure of the services they provide to potential patients and in any advertisements or other solicitations; creates a new section of KRS Chapter 222 to prohibit substance use disorder facilities or recovery residences from knowingly recruiting into their facilities any out-of-state resident who is enrolled in Medicaid, or recruiting with the purpose of enrolling the out-of-state resident in Medicaid in Kentucky to the extent allowed by federal law; creates new sections of KRS Chapter 222 to require that the facilities submit to the Department for Medicaid Services a recipient’s proof of Kentucky residency when submitting an initial request for Medicaid reimbursement if the facilities are aware that the recipient resided in another state within the past month, to establish fines for facilities to the extent allowed by federal law, to require that any out-of-state resident found to be ineligible for Medicaid in Kentucky reimburse the Department for Medicaid Services any fees paid by Medicaid if the out-of-state resident fails to establish Kentucky residency, and to allow the Office of the Attorney General to enforce actions for fines assessed; creates a new section of KRS Chapter 222 to define “department,” “qualified treatment program,” and “treatment program,” to require that the Cabinet for Health and Family Services publish a list of all qualified treatment programs, post the list on its website, and send the list to the Department of Public Advocacy and the Administrative Office of the Courts, to require that state employees who make recommendations to a court for an alternative sentence prioritize referrals to qualified treatment programs, and to require that the cabinet promulgate administrative regulations; creates a new section of KRS Chapter 222 to prohibit any person from receiving kickbacks for referrals into treatment facilities; establishes protections, exemptions, and penalties; and includes a severability clause.