00RS HB449


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HB 449/FN (BR 1288) - B. Heleringer, T. Burch, W. Allen, K. Bratcher, J. Bruce, De. Butler, Dw. Butler, P. Clark, J. Coleman, R. Crimm, D. Horlander, S. Johns, J. Turner

     AN ACT relating to facilities serving persons with mental illness and mental retardation, and declaring an emergency.
     Amend KRS 210.045 to require the Cabinet for Health Services to provide written notice to the Legislative Research Commission and to residents, guardians, and interested parties of the cabinet's intent to close any state facility that provides residential services to persons with mental retardation or developmental disabilities; require the notice to include the right to pursue legal action regarding the notice requirements; prohibit closure of a facility that has been funded during a biennium; permit closure upon effective date of legislation approving closure; permit closure and require notice in situations of a health or safety emergency; permit legal action to seek compensatory damages and attorney fees in county of facility or Franklin Circuit Court; prohibit punitive damages; create a new section of KRS Chapter 210 to require consideration of timelines for closure, available community services, individual rights of residents, community living plans, safeguards and monitoring, state responsibilities, transfer of ownership, or other issues at de novo hearing on facility closure; create a new section of KRS Chapter 210 to require cabinet to provide notice within 10 days of effective date of this Act to residents, guardians, and interested parties of facilities currently planned for closure; require delay of closure until hearing have been completed; EMERGENCY.


     HCS/FN - Retain original provisions except delete requirement that legislation be signed by the Governor.
     HFA (1, B. Heleringer) - Retain original provisions except specify the requirements pertain to state owned or operated facilities; require notice to members of the resident's immediate family and his or her guardian; include federal action that requires closure to be addressed in the same manner as a health or safety emergency; specify that interested parties are those defined by KRS 387.510(12).
     SCA (1, R. Sanders Jr) - Make technical corrections.
     SFA (2, T. Buford) - Amend KRS 216B.455 to permit psychiatric residential treatment facilities for children to be accredited by additional accrediting agencies recognized by the state as permitted by the federal Medicaid program.
     SFA (3/Title, T. Buford) - Make title amendment.

     Jan 24-introduced in House
     Jan 25-to Health and Welfare (H)
     Jan 26-posted in committee
     Feb 1-reported favorably, 1st reading, to Calendar with Committee Substitute
     Feb 2-2nd reading, to Rules
     Feb 3-floor amendment (1) filed to Committee Substitute
     Feb 4-posted for passage in the Regular Orders of the Day for Monday, February 7, 2000
     Feb 7-3rd reading, passed 96-1 with Committee Substitute, floor amendment (1)
     Feb 8-received in Senate
     Feb 10-to Appropriations and Revenue (S)
     Feb 24-reported favorably, 1st reading, to Consent Calendar with committee amendment (1)
     Feb 25-2nd reading, to Rules
     Feb 28-posted for passage in the Consent Orders of the Day for Thursday, March 2, 2000; floor amendments (2) and (3-title) filed
     Mar 2-taken from the Consent Orders of the Day, placed in the Regular Orders of the Day; 3rd reading, passed 38-0 with committee amendment (1), floor amendments (2) and (3-title)
     Mar 3-received in House; posted for passage for concurrence in Senate committee amendment (1), floor amendments (2) and (3-title)
     Mar 21-House concurred in Senate committee amendment (1), floor amendments (2) and (3-title) ; passed 95-2
     Mar 23-enrolled, signed by each presiding officer, delivered to Governor
     Apr 4-became law without Governor's signature (Acts ch. 318)

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