13RS SB9
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SB9

13RS

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SB 9 (BR 1091) - J. Denton

     AN ACT relating to medical review panels involving long-term-care facilities.
     Establish KRS Chapter 216C; create within that chapter various new sections establishing a medical review panel system for use in civil litigation relating to long-term-care facilities, including sections setting out definitions, delineating covered health care facilities and providers, panel membership and formation, functions and deliberations of the panel, and utilization of panel results in civil actions.

SB 9 - AMENDMENTS


     SCS - Amend to apply certain provisions relating to dependent claims to only those claims accruing after the effective date of the Act.
     SFA (1/Title, R. Jones II) - Make title amendment.
     SFA (2, R. Jones II) - Require a substance abuse screening program for employees of long term care facilities; Amend and create various sections of KRS 216.785 to 216.793 to define terms; require the Cabinet for Health and Family Services (CHFS) to establish a National and State Background Check Program for prospective employees of long-term-care facilities and providers and representatives of the cabinet who perform inspections of long- term-care facilities or providers; require a registry check of the nurse aide abuse registry and any other registry identified in administrative regulations; permit queries of available information by certain licensing bodies; require the cabinet to implement the program in phases by provider category; require each nursing facility, nursing pool providing staff to a nursing facility, assisted-living community, long-term-care facility owned, managed, or operated by the CHFS, and personal services agency to continue to request conviction information; require the cabinet to use grant moneys or other funding to cover long-term-care facilities or providers to the extent that funds are available until at least May 19, 2014; require the cabinet to promulgate regulations relating to the program, including requirements to check registries, a schedule of dates for compliance, processing of registry and background checks, and fees; require the CHFS to collaborate with the Justice and Public Safety Cabinet on continuous employment assessment following an initial background check; permit the Department of Kentucky State Police and the FBI to charge for the actual cost of processing criminal background checks and assessments; require the Kentucky State Police to promulgate regulations relating to retaining of applicant fingerprints and to immediately inform the inspector general if an employee is arrested or convicted of a crime following his or her initial criminal background check; require applicants to submit to background and registry checks; prohibit long-term-care facilities or providers, or agencies within the cabinet responsible for conducting inspections, from employing individuals listed on the registry; permit a provisional period of employment; establish an informal review process; establish a formal review process; outline notification procedures for the cabinet and procedures to be followed by a long-term-care facility or provider if an employee has a disqualifying offense; establish independent review or appeal procedures; establish a fine for continuing to employ an individual with a disqualifying offense; establish an independent review process to allow for rehabilitation of a disqualifying offense, with requirements to include a written explanation of each disqualifying offense and employment and character references; require a rehabilitation review committee to review evidence and mitigating circumstances and make a recommendation to the secretary; remove civil liability for actions taken in good faith by the cabinet, the Justice and Public Safety Cabinet, a long-term-care facility or provider, or an individual acting on behalf of any of these entities; establish the National and State Background Check Program fund and provide for its operation; require prospective providers to establish an individual provider's responsibilities and rights in this process; prohibit agencies providing services to senior citizens from employing an applicant with a disqualifying offense; require agencies to request a registry check; prohibit a long-term-care facility or provider from hiring an applicant if an individual has a disqualifying offense; require a long-term-care facility or provider to request a registry and background check for each applicant; require application forms for initial employment by a long-term-care facility or provider to have certain information and statements; regulate employment of individuals with certain offenses in family-care and personal care homes; amend KRS 216.533 to require long-term-care facilities operated by the Department for Behavioral Health, Developmental and Intellectual Disabilities to require applicants to submit to registry and background checks; prohibit individuals from being hired if they have a previous disqualifying offense; permit the hiring of pardoned individuals; amend KRS 216.712 to require personal services agencies to request registry checks and criminal background checks; provide for notice of fingerprint retention; prohibit an individual from owning or working for a personal services agency if he or she has a disqualifying offense; require the secretary to promulgate administrative regulations; establish procedures for background and registry checks, APPROPRIATION.
     SFA (3, R. Jones II) - Require CHFS to establish a registry of ulcers, pressure sores, and other lesions caused or exacerbated by inadequate care in a long-term-care facility; require CHFS to make registry searchable by name, birth date, facility, county of residence of the physician, nurse, certified nursing assistant, administrator, or other individuals involved with the care of an affected individual; require each long-term-care facility to prepare and file a detailed security plan with the cabinet; permit fines to be charged if a resident leaves unsupervised due to a failure of the plan or a failure to follow the plan.
     SFA (4, R. Jones II) - Permit a plaintiff to waive the medical review panel process in cases involving sexual abuse of a resident, criminal acts, intentional physical abuse, grossly negligent conduct, or facilities where an employee has ever been convicted, pleaded guilty, or entered an Alford plea to a Class B or greater misdemeanor or a Class D or greater felony; permit veterans or their spouses, law enforcement officers or their spouses, firefighters or their spouses, individuals older than 65 or their spouses, members of the clergy or their spouses, or legislators, former legislators, or their spouses to waive the medical review panel process.
     SFA (5, R. Jones II) - Create new sections of KRS 216B to require staff-to-resident ratios in long-term care facilities as a condition of licensure or relicensure; establish minimum staffing requirements; prohibit long-term care facilities from admitting new residents if the facility fails to comply with the minimum staffing requirements, beginning on the second day of noncompliance and continuing until 6 days after the required staffing is achieved, with exceptions allowed for weather emergencies and other similar events; require additional staffing based on the needs of the residents; exempt intermediate-care facilities for the mentally retarded, institutions for the treatment of mental illnesses, personal care homes, and family care homes from the minimum staffing requirements; create a 16-member board to review staffing requirements on an annual basis; establish a civil fine of no more than $1,000 for each day that the staffing requirements are not maintained.
     SFA (6, R. Jones II) - Permit a plaintiff to waive the medical review panel process in cases involving sexual abuse of a resident, criminal acts, intentional physical abuse, grossly negligent conduct, or facilities where an employee has ever been convicted, pleaded guilty, or entered an Alford plea to a Class B or greater misdemeanor or a Class D or greater felony; permit veterans or their spouses, law enforcement officers or their spouses, firefighters or their spouses, individuals older than 65 or their spouses, or members of the clergy or their spouses to waive the medical review panel process.
     SFA (7, R. Jones II) - Permit a plaintiff to waive the medical review panel process in cases involving sexual abuse of a resident, criminal acts, intentional physical abuse, grossly negligent conduct, or facilities where an employee has ever been convicted, pleaded guilty, or entered an Alford plea to a Class B or greater misdemeanor or a Class D or greater felony; permit veterans or their spouses, law enforcement officers or their spouses, firefighters or their spouses, individuals older than 65 or their spouses, or members of the clergy or their spouses to waive the medical review panel process.
     SFA (8, R. Jones II) - Require a substance abuse screening program for employees of long term care facilities; amend and create various sections of KRS 216.785 to 216.793 to define terms; require the Cabinet for Health and Family Services (CHFS) to establish a National and State Background Check Program for prospective employees of long-term-care facilities and providers and representatives of the cabinet who perform inspections of long- term-care facilities or providers; require a registry check of the nurse aide abuse registry and any other registry identified in administrative regulations; permit queries of available information by certain licensing bodies; require the cabinet to implement the program in phases by provider category; require each nursing facility, nursing pool providing staff to a nursing facility, assisted-living community, long-term-care facility owned, managed, or operated by the CHFS, and personal services agency to continue to request conviction information; require the cabinet to use grant moneys or other funding to cover long-term-care facilities or providers to the extent that funds are available until at least May 19, 2014; require the cabinet to promulgate regulations relating to the program, including requirements to check registries, a schedule of dates for compliance, processing of registry and background checks, and fees; require the CHFS to collaborate with the Justice and Public Safety Cabinet on continuous employment assessment following an initial background check; permit the Department of Kentucky State Police and the FBI to charge for the actual cost of processing criminal background checks and assessments; require the Kentucky State Police to promulgate regulations relating to retaining of applicant fingerprints and to immediately inform the inspector general if an employee is arrested or convicted of a crime following his or her initial criminal background check; require applicants to submit to background and registry checks; prohibit long-term-care facilities or providers, or agencies within the cabinet responsible for conducting inspections, from employing individuals listed on the registry; permit a provisional period of employment; establish an informal review process; establish a formal review process; outline notification procedures for the cabinet and procedures to be followed by a long-term-care facility or provider if an employee has a disqualifying offense; establish independent review or appeal procedures; establish a fine for continuing to employ an individual with a disqualifying offense; establish an independent review process to allow for rehabilitation of a disqualifying offense, with requirements to include a written explanation of each disqualifying offense and employment and character references; require a rehabilitation review committee to review evidence and mitigating circumstances and make a recommendation to the secretary; remove civil liability for actions taken in good faith by the cabinet, the Justice and Public Safety Cabinet, a long-term-care facility or provider, or an individual acting on behalf of any of these entities; establish the National and State Background Check Program fund and provide for its operation; require prospective providers to establish an individual provider's responsibilities and rights in this process; prohibit agencies providing services to senior citizens from employing an applicant with a disqualifying offense; require agencies to request a registry check; prohibit a long-term-care facility or provider from hiring an applicant if an individual has a disqualifying offense; require a long-term-care facility or provider to request a registry and background check for each applicant; require application forms for initial employment by a long-term-care facility or provider to have certain information and statements; regulate employment of individuals with certain offenses in family-care and personal care homes; amend KRS 216.533 to require long-term-care facilities operated by the Department for Behavioral Health, Developmental and Intellectual Disabilities to require applicants to submit to registry and background checks; prohibit individuals from being hired if they have a previous disqualifying offense; permit the hiring of pardoned individuals; amend KRS 216.712 to require personal services agencies to request registry checks and criminal background checks; provide for notice of fingerprint retention; prohibit an individual from owning or working for a personal services agency if he or she has a disqualifying offense; require the secretary to promulgate administrative regulations; establish procedures for background and registry checks.
     SFA (9, R. Jones II) - Require the Cabinet for Health and Family Services to establish a registry of decubitus ulcers, pressure sores, and other lesions caused or exacerbated by inadequate care in a long-term-care facility; require CHFS to make registry searchable by name, birth date, facility, county of residence of the physician, nurse, certified nursing assistant, administrator, or other individuals involved with the care of an affected individual; require each long-term-care facility to prepare and file a detailed security plan with the cabinet; permit fines to be charged if a resident leaves unsupervised due to a failure of the plan or a failure to follow the plan.
     SFA (10, R. Jones II) - Create new sections of KRS 216B to require staff-to-resident ratios in long-term care facilities as a condition of licensure or relicensure; establish minimum staffing requirements; prohibit long-term care facilities from admitting new residents if the facility fails to comply with the minimum staffing requirements, beginning on the second day of noncompliance and continuing until 6 days after the required staffing is achieved, with exceptions allowed for weather emergencies and other similar events; require additional staffing based on the needs of the residents; exempt intermediate-care facilities for the mentally retarded, institutions for the treatment of mental illnesses, personal care homes, and family care homes from the minimum staffing requirements; create a 16-member board to review staffing requirements on an annual basis; establish a civil fine of no more than $1,000 for each day that the staffing requirements are not maintained.

     Feb 5-introduced in Senate; to Health & Welfare (S)
     Feb 6-reported favorably, 1st reading, to Calendar
     Feb 7-2nd reading, to Rules; floor amendments (1-title) (2) (3) (4) and (5) filed
     Feb 11-floor amendment (6) filed
     Feb 12-taken from Rules (S); recommitted to Health & Welfare (S)
     Feb 13-floor amendments (7) (8) (9) and (10) filed to Committee Substitute ; reported favorably, to Rules with Committee Substitute ; posted for passage in the Regular Orders of the Day; 3rd reading; floor amendments (1-title) (2) (3) (4) (5) and (6) withdrawn ; passed 23-12 with Committee Substitute
     Feb 14-received in House
     Feb 20-to Health & Welfare (H)
     Feb 28-posted in committee
     Mar 1-posting withdrawn

Vote History
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