Summary of Original Version

Create a new section of KRS Chapter 222 to define "voluntarily"; require treatment centers or programs licensed as a chemical dependency treatment service to provide transportation services to residents who wish to voluntarily leave the program if the resident's family, guardian, or emergency contact does not agree to transport them; outline transportation service responsibilities; prohibit facilities and law enforcement officers from taking the residents to any location other than public transportation locations, locations to meet the driver of a ride-sharing service, or the resident's home; require that the facilities conduct a search of any outstanding warrants; exempt all chemical dependency treatment service facilities holding a license issued in accordance with KRS 216B.042; require the facility to notify family members, the county attorney, local law enforcement, and the court that a resident left the treatment facility in violation of a court order; and allow a peace officer or a probation officer to arrest a resident without a warrant for violating the terms of the resident's conditional discharge or court order.

Summary of Amendment: Senate Committee Substitute 1

Summary Retain original provisions; amend the definition of "voluntarily"; include any substance use disorder program authorized or regulated under KRS Chapter 222 and recovery residence as defined in KRS 222.500; amend the provision regarding the responsibilities of the chemical dependency treatment service after it is informed a resident wishes to leave voluntarily; include an additional location to drop off the resident; require the facility to notify family members, the county attorney, and local law enforcement if permitted by federal law; remove the provision requiring the facility to conduct a search of any outstanding warrants; create a new section of KRS Chapter 222 to establish fines.

Summary of Amendment: Senate Committee Amendment 1 -- P. Wheeler

Summary Make title amendment.

Summary of Amendment: House Committee Substitute 1

Summary Retain original provisions, except remove the definition of "voluntarily"; amend provision to increase penalties; remove the provision requiring probation officers or peace officers to arrest the resident without a warrant if the resident violates a court order and permit the officers to arrest the resident without a warrant; remove resident's family as a point of contact and replace it with the resident's emergency contact or court designated individual; include a new provision to prohibit facilities from knowingly recruiting into their facility any out-of-state resident if the out-of-state resident is enrolled in Medicaid or with the purpose of enrolling the out-of-state resident in Medicaid in Kentucky; require facilities to submit to the Department for Medicaid Services a recipient's proof of residency when submitting a request for Medicaid reimbursement if the facility is aware that the resident resided in another state within the past month; create a new section of KRS Chapter 222 to define "department," "qualified treatment program," and "treatment program"; require the Cabinet for Health and Family Services to publish a list of all qualified treatment programs and to post the list on its website and to send the list to the department of public advocacy and to the Administrative Office of the Courts; require state employees who make recommendations to a court for an alternative sentence to prioritize referrals to qualified treatment programs; allow legal counsel to recommend a treatment provider that is not a qualified treatment program but establish reporting requirements; require the Cabinet for Health and Family Services to promulgate administrative regulations; require facilities to provide full disclosure of the services they provide; create a new section or KRS Chapter 222 to prohibit any person from receiving kickbacks for referrals into treatment facilities, establish protections, exemptions, and penalties; create a new section of KRS Chapter 31 to define "alternative sentencing worker," "qualified treatment program," and "treatment program"; allow a court to issue an order for pretrial release pending an assessment for a mental health or substance use disorder and allow the prosecution to object; require that a needs assessment be conducted within 48 hours and establish who may conduct the needs assessment; require a treatment plan to be developed by a qualified health professional who is employed by a treatment program; allow a court to approve the treatment plan without a hearing or allow the court to schedule a hearing; allow the court to put conditions on the pretrial release; require the department of public advocacy and defense counsel to consider all appropriate and competent facilities and not discriminate against any facility based on religious content and allow facilities or programs to be recommended if they are consistent with a client's personal religious belief; amend KRS 31.030 to require the department of public advocacy to submit a report; require alternative sentencing worker to complete continuing education related to substance use disorder and to comply with the kickback provisions; amend KRS 205.200, relating to residency requirements for Medicaid, to prohibit relocation to Kentucky solely for receiving medical services using Medicaid and allow an individual to submit proof of residency; amend KRS 202A.011 to define "contract mental health evaluator"; amend KRS 202A.041 to replace "qualified mental health professional" with "contract mental health evaluator," no longer require a peace officer to take an individual into custody and transport them but to permit a police officer to take an individual into custody and transport them, reduce state compensation by five percent for every ten minutes a sheriff or other peace officer is required to remain with the person after first delay of contact, and require transportation if no probably cause for arrest exists.

Summary of Amendment: House Committee Amendment 1 -- S. Heavrin

Summary Make title amendment.

Summary of Amendment: House Floor Amendment 1 -- S. Heavrin

Summary Retain original provisions; except remove the provisions amending KRS 202A.011 and KRS 202A.041.

Summary of Amendment: House Floor Amendment 2 -- S. Heavrin

Summary Retain original provisions; include language requiring a facility to transport a resident or make available transportation services as long as it is not prohibited by federal law; include language limiting provisions related to recruiting out-of-state residents on Medicaid and reimbursing fees paid by Medicaid to the extent allowed by federal law; amend the definition of "contract mental health evaluator"; amend the time for when a peace officer maintains custody of an individual after an evaluation is requested; remove the provision requiring transportation be given to a person if no probable cause exist; and include a severability clause.

Statutes affected:
Acts Chapter 68: 205.200, 202A.011, 202A.041
House Committee Substitute 1: 205.200, 202A.011, 202A.041
Current/Final: 205.200, 202A.011, 202A.041