Beech Tree News Network

Severe winter weather forced the Kentucky General Assembly to pause Regular Session activity during the week of February 15. My colleagues and I returned to Frankfort on Monday to resume legislative work on your behalf.

I hope that you and your family remained safe during the period of heavy ice and snowstorms. We really cannot say enough about the men and women who work to keep the roads clear and the lights on. Stories across the Commonwealth included county personnel helping other counties, emergency efforts to get necessities to people who were without, and so much more. During crises, the general good in people shows through, and the storm is braved together. Thank you to all involved in helping restore normalcy. 

Upon legislators returning to Frankfort, the House and Senate got back to work on legislative business with robust committee meeting agendas and policy discussions on the floor, each passing several bills out of their respective chambers this week. 

Bills that are deemed as "priority" seek to address the state's most immediate challenges or focus on areas of the law that are of importance to Kentuckians. Several priority measures relate to the COVID-19 pandemic and its impact on the Commonwealth. Some seek to apply practical solutions to unemployment insurance issues and the economy, while others promote stronger legislative oversight to improve government transparency, among other topics. 

Several priority bills continued through the legislative process this week. They included Senate Bill's 4, 6 and 10. 

Senate Bill 4 forbids search or arrest warrants absent clear and convincing evidence that the crime alleged would qualify for conviction of a violent offender, for terrorism, use of a weapon of mass destruction in the first, second, or third-degree, or if notice before entry will endanger the life of others or would result in the loss of evidence that might give rise to charges of terrorism or use of a weapon of mass destruction. The bill includes additional requirements for approval of the law enforcement officer's supervisor, consultation with the commonwealth's or county attorney, and full disclosure to the judge regarding prior efforts to obtain an arrest or search warrant without notice. SB 4 serves to make potentially dangerous circumstances safer for both law enforcement and the public while also strengthening the public trust in agencies.

Senate Bill 10 also made passage in the Senate. I feel that this measure can lead to meaningful dialogue and create a conducive environment for considering solutions for challenges facing communities across the Commonwealth. If passed, SB 10 would establish a Commission on Race & Access to Opportunity within the legislative branch to conduct studies and research where disparities may exist across sectors of educational equity, healthcare, economic opportunity, criminal justice, and more. The Commission established would have the authority to hold monthly meetings, seek comment and testimony from various individuals and organizations, and provide research to recommend data-driven policy initiatives. 

Other bills passing in the Senate included: 

Senate Bill 49 confirms the independent contractor status of particular home or community-based support services and facilitates payments for service providers through Medicaid where appropriate.

Senate Bill 51 takes a step towards making it easier for doctors to treat patients struggling with substance use disorders by prohibiting insurers from requiring critical evaluations known as utilization reviews (UR). A UR requirement for matters such as addiction treatment can be unnecessarily onerous. Prior authorization requirements can similarly prevent patients from receiving needed treatment when they are ready. Removing requirements on this front can allow us to save lives here in Kentucky. 

Senate Bill 52 closes existing loopholes in state statutes that prevent the punishment of some law enforcement who commit sexual assault. It clarifies that a peace officer who sexually assaults a subject held in custody is guilty of applicable class D felony in which they engaged.

Senate Bill 55 prohibits copayments or cost-sharing from being paid by any medical assistance recipients. It prohibits deductibles, copayments, and coinsurance requirements for Medicaid telehealth services and copayments charged in the Kentucky Children's Health Insurance Program (KCHIP). SB 55 applies to Medicaid Services or any Managed Care Organization (MCO) contracted by the Cabinet for Health and Family Services.

Senate Bill 56 limits the number of MCO contracts to operate the Medicaid program to three. Currently, there are five. Limiting them to three will increase efficiencies within the Medicaid program and lower administrative costs for healthcare providers.

Senate Bill 65 nullifies administrative regulations that were found deficient during the 2020 legislative interim and prohibits their re-enactment for a designated period if identical to or substantially the same. One limitation the legislature found flawed last year would have provided SNAP benefits to parents of children who have chosen to be absent in the child's life.

Senate Bill 141 establishes guidelines for distributing funds remaining in the Kentucky coal workers' pneumoconiosis fund. It would provide for the distribution of funds claimed by coal companies to pay wages, amounts owed to counties, cities, school systems or school districts, and more. Finally, it provides excess funds to go to unpaid workers and the Kentucky coal employers' self-insurance guarantee fund.

Senate Bill 148 declares the need for childcare in our communities as essential by requiring CHFS to identify emergency care providers who provide vital child care services during a state of emergency. It addresses a problem many families have struggled with throughout the last year concerning available childcare. The bill would return childcare classroom sizes to pre-COVID numbers and allow them to combine classes during the opening and closing hours once again.

Senate Bill 154 would allow advanced practice registered nurses and physician assistants to prescribe and order home health care services and establish reimbursement for home health care services if certified.

Bills making it to the governor last week for his consideration included SB 3 and HB 6. SB 3 moves the current Governor's Office for Agriculture Policy, also known as GOAP, under the Kentucky Commissioner of Agriculture's jurisdiction. HB 6 changes the Program Review Committee's name to "Legislative Oversight and Investigations Committee" and amends the Committee's duties to lean more towards investigations and corruption, misconduct, etc., misfeasance in state government.

As you can see, the General Assembly is not taking any time for granted. We are now past the halfway point of the 2021 Regular Session, with much work left to do. I will continue to provide weekly legislative updates in the weeks ahead. God Bless. 

If you have any questions or comments about these issues or any other public policy issue, please call me toll-free at 1-800-372-7181 or email me at [email protected] or visit the Legislature’s webpage at www.Legislature.ky.gov.

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Note: Senator C.B. Embry, JR (R-Morgantown) represents the 6th District including Butler, Hopkins, Muhlenberg, and Ohio Counties. He is Chairman of the Senate Standing Committee on Veterans, Military Affairs, and Public Protection Committee and Co-Chairman of the Tobacco Settlement Statutory Committee. Senator Embry is also a member of the Senate Standing Committees on Transportation; and Natural Resources, and Energy.