98RS HB128


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HB 128/FN (BR 821) - L. Brandstetter, P. Clark, S. Nunn

     AN ACT relating to charitable health care services.
     Create new sections of Chapter 216 to define "charitable health care provider," "regularly practice," and "sponsoring organization"; provide that no additional license or certificate otherwise required under KRS Chapters 211, 216, 311,312, 313, or 314 shall be required in order for a charitable health care provider or person who lawfully practices under an exception to licensure or certification to voluntarily provide health care services; provide that a person whose license or certificate has been suspended or revoked, or who provides services outside his or her scope of practice shall not provide charitable health care services; provide for registration with Cabinet for Human Resources and registration fee of $50; provide that Cabinet for Human Resources shall provide information regarding the health services available in the state on request of the charitable health care provider; provide that within 15 days of the provision of services, the provider or sponsoring organization shall file a charitable health services report with the cabinet; require that the sponsoring organization shall maintain a list of charitable health care providers, shall maintain a copy of their licensure or certification, shall require each provider to attest that his or her license or certificate is not suspended or revoked, and shall maintain records for 5 years; declare compliance with the section to be prima facie evidence that the organization has exercised due care; allow the cabinet to revoke a registration for failure to comply with the Act, under the provisions of KRS Chapter 13B; require the cabinet to review the reports and provide an analysis of the provision of charitable health care services to the General Assembly by October 1 of each year; state that persons providing charitable health care services are not subject to provisions of KRS Chapter 211, 216, 311, 312, 313, or 314 relating to itinerant providers, licensing, or certification, and any requirements relating to licensing or certification are satisfied by displaying a photocopy of the license, certification, or exemption from the state or location where the person is licensed, certified, or exempt; state the finding that access to health care is a concern of the General Assembly; amend KRS 304.40-075 to change the definition of "charitable health care provider"; provide that registration fees collected by the cabinet shall be used to pay for medical malpractice insurance; require that a copy of the registration filed with the cabinet shall be filed with the Department of Insurance as a condition of receiving medical malpractice insurance; require the department to make available information on the registration of charitable health care providers to the cabinet, and provide that the Department shall not provide medical malpractice insurance unless the provider has also registered with the cabinet; provide that the Act may be cited as the Kentucky Charitable Health Care Services Act.


     HCS/FN - Delete requirement that a charitable health care provider not regularly practice in the Commonwealth; add requirement that the charitable provider be associated with an organized clinical entity; delete requirement of documentation of a current license and add requirement for a Kentucky license; delete requirement that the cabinet file a report on charitable health care providers; require sponsoring organizations report dates, services and recipients to the cabinet; replace "analysis" requirement with "report" requirement; require the name and location of individuals registered with the cabinet as charitable health care providers be reported to the cabinet.
     SCS/FN - Add requirement a license granted under a reciprocal agreement to an individual from another state or country is evidence of a Kentucky license; place a maximum of $20,000 dollars on medical liability insurance that the state will provide for charitable health care providers; require that no person whose license or certificate has been suspended or revoked may practice in the state as a charitable health care provider; change references from the Department of Insurance to the Cabinet for Human Resources as the entity which is required to register and collect appropriate information on the charitable health care providers; change the requirement that such information be reported to the Department of Insurance.

     (Prefiled by the sponsor(s).)

     Jan 6-introduced in House
     Jan 7-to Health and Welfare (H)
     Jan 28-posted in committee
     Mar 3-reported favorably, 1st reading, to Calendar with Committee Substitute
     Mar 4-2nd reading, to Rules; posted for passage in the Regular Orders of the Day for March 5, 1998
     Mar 5-3rd reading, passed 89-0 with Committee Substitute
     Mar 6-received in Senate
     Mar 9-to Health and Welfare (S)
     Mar 18-reported favorably, 1st reading, to Consent Calendar with committee substitute
     Mar 19-2nd reading, to Rules
     Mar 23-posted for passage in the Consent Orders of the Day for March 25, 1998
     Mar 25-3rd reading, passed 37-0 with Committee Substitute
     Mar 26-received in House; posted for passage for concurrence in Senate amendment
     Mar 31-House concurred in Senate Committee Substitute; passed 91-0
     Apr 1-enrolled, signed by each presiding officer, delivered to Governor
     Apr 10-signed by Governor

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