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House Bill 159

Kentucky House District 96 Rep. Patrick Flannery said Kentucky became the first state to decriminalize medical errors ÃÛÁÄÖ±²¥” a move many medical associations support.

ÃÛÁÄÖ±²¥œItÃÛÁÄÖ±²¥™s important for policy reasons for not just the providers, but also for patients,ÃÛÁÄÖ±²¥� Flannery said. ÃÛÁÄÖ±²¥œYou get into situations where, as a provider when, when an error is made. I think itÃÛÁÄÖ±²¥™s very important for the provider to be honest; you want to help the entire system. If medical professional could go to jail for an unintentional medical error that adds another layer of anxiety and pressure, and itÃÛÁÄÖ±²¥™s probably not going to provide good or the best outcome for that patient moving forward and for future patients.ÃÛÁÄÖ±²¥�

HB 159 was signed by Kentucky Gov. Andy Beshear on March 26 after passing the General Assembly earlier that week. The bill states that ÃÛÁÄÖ±²¥œa health care provider providing health services shall be immune from criminal liability for any harm or damages alleged to arise from an act or omission relating to the provision of health services.ÃÛÁÄÖ±²¥�

Flannery said it does not apply to ÃÛÁÄÖ±²¥œgross negligence or wanton, willful, malicious, or intentional misconduct.ÃÛÁÄÖ±²¥�

ÃÛÁÄÖ±²¥œThey can still be sued,ÃÛÁÄÖ±²¥� he said. ÃÛÁÄÖ±²¥œThereÃÛÁÄÖ±²¥™s still possibility to have civil punishment when an error is made.ÃÛÁÄÖ±²¥�

Senate Bill 188

Kentucky state Sen. Robin Webb talked about SB 188, which was a bill to address an unfair playing field between commercial pharmacy benefit managers and independent pharmacists.

Webb said it has been signed into law and will take effect Jan. 1, 2025.

ÃÛÁÄÖ±²¥œIt aims to regulate insurance practices related to pharmacies,ÃÛÁÄÖ±²¥� Webb said.

The new law sets a minimum dispensing fee of $10.64 per prescription for the stateÃÛÁÄÖ±²¥™s independent pharmacies until a study of dispensing costs is completed by the Kentucky Department of Insurance. This ÃÛÁÄÖ±²¥œgap-fill payment floorÃÛÁÄÖ±²¥� will not be available to chain pharmacies.

The results of the study will eventually dictate what the dispensing fee should be going forward. The study is to be repeated every two years, with fee adjustments made accordingly.

ÃÛÁÄÖ±²¥œWe want to keep our pharmacies in business and we get a lot of emails and correspondence about some of the programs and some of the protocols that certainly put those at risk, and we donÃÛÁÄÖ±²¥™t want to lose those pharmacies, so thatÃÛÁÄÖ±²¥™s why this legislation was so important,ÃÛÁÄÖ±²¥� Webb said.

House Bill 274

Kentucky House District 92 Rep. John Blanton talked about HB 274, which permits pharmacists to administer vaccines to children 5 years of age or older pursuant to prescribed or approved protocols with the consent of a parent or guardian.

Blanton said prior to the passage of the legislation, pharmacists were only permitted to administer vaccines to children as young as 9 or older with the consent of a guardian of parents.

ÃÛÁÄÖ±²¥œWith the shortage of workers in health care, it helps to disperse some of the vaccine work so that a bigger portion of the population can now stop by the local pharmacy,ÃÛÁÄÖ±²¥� he said. ÃÛÁÄÖ±²¥œAlso, we know that these vaccines have only proved helpful, so it makes sense allow pharmacists who are already giving vaccines to children to be able to give them a bigger piece of pie, if you will.ÃÛÁÄÖ±²¥�

Potential legislation

All three legislators said AI (artificial intellegence), taxes, workforce and child care issues will most likely come up in the 2025 legislative session.

ÃÛÁÄÖ±²¥œWeÃÛÁÄÖ±²¥™re talking a lot about workforce issue, wages in health care, in every other sector that touches our economy,ÃÛÁÄÖ±²¥� Webb said. ÃÛÁÄÖ±²¥œWe hear a lot about that child care and a continuation of some of the issues that were brought forth, which are still maybe tracking mortality rates, maternal mortality and child rates and then how we can best address those along in cooperation with our health care providers.ÃÛÁÄÖ±²¥�

Webb added it doesnÃÛÁÄÖ±²¥™t matter how many companies come to Kentucky if the child care issue is not addressed.

ÃÛÁÄÖ±²¥œWeÃÛÁÄÖ±²¥™re working with private entities on solutions and what private companies are doing and how we can best assist them and work together on those issues,ÃÛÁÄÖ±²¥� she said.

Blanton said he is on the stateÃÛÁÄÖ±²¥™s AI task force.

ÃÛÁÄÖ±²¥œI think we will have some type of legislation,ÃÛÁÄÖ±²¥� he said. ÃÛÁÄÖ±²¥œI do not know exactly what thatÃÛÁÄÖ±²¥™s gonna look like just yet. And that does impact the health care industry as well as, quite frankly, all sections of life.ÃÛÁÄÖ±²¥�

Blanton said he is concerned with the mental health aspects that AI, social media and the internet are having on people, especially children.

ÃÛÁÄÖ±²¥œThis technology can be a really good thing, but it can also be used as a really bad thing,ÃÛÁÄÖ±²¥� he said. ÃÛÁÄÖ±²¥œProtecting children, workers and all of our citizens would be the goal of any legislation.ÃÛÁÄÖ±²¥�

Flannery said he thinks tax issues also be a focus in the next session.

ÃÛÁÄÖ±²¥œHow do we how do we deal with inflation? ... I want people have more money in their pockets, but at the same time, we have to balance them,ÃÛÁÄÖ±²¥� he said. ÃÛÁÄÖ±²¥œHow do we pay for stuff? WeÃÛÁÄÖ±²¥™re going to see expanding needs for revenue, but itÃÛÁÄÖ±²¥™s a something thatÃÛÁÄÖ±²¥™s part of the job; we have to do that. So tax issues have been out of making sure that we actually get to zero and stay competitive with our sister states.ÃÛÁÄÖ±²¥�