Healthcare bills pass the House; Certificate of Need update
This week, I would like to highlight a few legislative measures that I believe are significant for the people of my district. These are just a handful of the bills, but all can be found in the Legislative Record section of our website at legislature.ky.gov.
Making breast cancer examinations more accessible/HB 115: This measure seeks to expand access to life saving breast examination services in the commonwealth. HB 115 would prohibit cost-sharing requirements for any covered breast examination. It also would require state employee health insurance plans and the plans provided to employees of state postsecondary institutions to provide coverage that complies with state requirements. This measure would help many Kentuckians have access to preventative and diagnostic healthcare they may not have had the opportunity to access before.
Addressing sudden unexpected death in epilepsy/HB 166: Most are familiar with sudden infant death syndrome, or SIDS. For those with epilepsy, there is a possibility that they may suffer sudden unexpected death in epilepsy, or SUDEP. This measure, also known as Jami’s Law, would update autopsy requirements for those who have passed due to SUDEP. HB 166 permits autopsies to be conducted to determine if a cause of death is consistent with SUDEP. If this is determined to be the case, a copy of the death certificate would be sent to the SUDEP Registry at the Langone Medical Center at New York University.
Lowering health care costs/HB 220: This measure attempts to make your trip to the pharmacy less expensive. HB 220 would require insurers to try biosimilar products, almost identical products to the branded drug, before moving on to the typically more expensive branded drug.
In addition to the previous bill summaries, I would like to provide an update on the Certificate of Need (CON) reform bills that I filed earlier in the session. I have been working diligently educating my colleagues on the intent and effect of these legislative measures and how they benefit our state. I have been speaking with the chairs of relevant committees and House leadership to get these bills brought before committees so the conversation on CON reform can continue. Below, I have added summaries of the bills.
Increasing Capital Expenditure Minimums/HB 202: This measure increases the capital expenditure and major medical equipment expenditure minimums. In short, this would allow individuals and organizations to establish healthcare facilities without being bound to the Certificate of Need process if the cost of the project is below the expenditure minimums defined in the bill. As it stands, many healthcare operations are thwarted by the capital expenditure minimum due to the arduous application and process that follows a project exceeding the minimum. This will allow for fewer projects to enter the Certificate of Need process, and those that do enter it will be more thoroughly considered due to the lower volume of applications as a result of the expenditure minimum increase.
Adding Services to the CON Exemption List/HB 203: Currently, there are few medical services exempted from the Certificate of Need process. This is not conducive to the health and welfare of Kentucky’s citizens and forces many areas to be deprived of necessary healthcare facilities that would otherwise be in operation. This bill expands the exemption list to include psychiatric hospitals, physical rehabilitation centers, chemical dependency programs, hospices, home health services, kidney disease treatment centers, mental health services, and birthing centers, which are vital to our communities.
Ending the Dominant Provider’s Veto/HB 204: Presently, dominant healthcare providers are afforded the right to veto applications of competitors entering the service region they operate within. This has many disastrous outcomes, but none worse than limited access to care. Populations grow, needs expand, and communities must be able to adapt to these changes by having a fair application process for medical providers wanting to operate in the area. This bill eliminates the dominant provider’s veto on Certificate of Need applications. This allows the applying provider to have a fair and public hearing that will enable them to show the need for service in the region. Other providers will still be a part of the process as their experience and expertise are critical to understanding the needs of the community, but they will not be able to stop an application process before it begins.