Summary of Original Version

Create new sections of KRS Chapter 194A to establish the Kentucky statewide health data utility; define terms; establish purposes and a restricted fund for the utility; require the executive director of the Office of Data Analytics to be responsible for the development, implementation, operation, and maintenance of the utility, contract with a consortium of public health colleges to operate and govern the utility, and promulgate administrative regulations to carry out those duties; establish functions and content of utility; create a consortium of public health colleges; establish duties of consortium in operating and governing the utility; establish administration and operation requirements for the consortium; establish the Kentucky Health Information Technology Board; require the board to establish policies and procedures for the sharing and submission of health information, approve data control, governance, and privacy practices, and advise the executive director and the consortium; require the utility's participants to comply with health information sharing and submission requirements within certain timeframes; require the secretary of the Cabinet for Health and Family Services to enforce the mandatory reporting requirements for the utility's participants; establish enforcement powers of secretary including civil penalty assessment; require the consortium and the executive director to make annual reports relating to the utility; amend KRS 194A.030, 194A.101, 194A.103, 194A.095, 205.640, 205.6489, 211.474, 214.375, and 311A.190 to conform; repeal KRS 216.2920, 216.2921, 216.2923, 216.2925, 216.2927, and 216.2929, relating to health data collection; establish timeframe for making initial appointments, and provide for staggered appointments to the board; require the Cabinet for Health and Family Services or the Department for Medicaid Services to seek federal approval if it is determined that such approval is necessary; provide authorization from the General Assembly to make changes in the Medicaid program as required under KRS 205.5372(1); EFFECTIVE, in part, July 1, 2028.

Summary of Amendment: House Committee Substitute 1

Summary Delete original provisions, create new sections of KRS Chapter 7 to establish the Kentucky statewide health data utility; define terms; establish purposes and a restricted fund for the utility; permit the Legislative Research Commission (Commission) to elect to develop, implement, operate, and maintain the utility, contract with vendors to operate and govern the utility, and promulgate administrative regulations to carry out those duties; establish permissible functions and content of utility; establish duties of the Commission in operating and governing the utility; establish administration and operation requirements for the Commission; establish the Kentucky Health Information Technology Advisory Board; establish advisory duties of the board; require the utility's participants to comply with health information sharing and submission requirements within certain timeframes; require the Attorney General to enforce the mandatory reporting requirements for the utility's participants; establish enforcement powers of Attorney General including civil penalty assessment; amend KRS 194A.030, 194A.103, 194A.095, 205.640, 205.6489, 211.474, and 214.375, and create a new section of KRS 216.2920 to 216.2929, to conform; require the Cabinet for Health and Family Services or the Department for Medicaid Services to seek federal approval if it is determined that such approval is necessary; provide authorization from the General Assembly to make changes in the Medicaid program as required under KRS 205.5372(1).

Summary of Amendment: House Floor Amendment 1 -- R. Raymer

Summary Retain original provisions, except make technical amendments; add state agencies as an authorized recipient of information in the statewide health data utility; subject to the availability of funding, staffing, and other resources, require the Office of Health Policy, Analytics, and Accountability within the Legislative Research Commission (Commission) to develop, implement, operate, and maintain all functions of the statewide health data utility; authorize the Commission to contract with Kentucky's public health universities; require the Commission to submit an annual written report to the Interim Joint Committee on Health Services; require the Kentucky Health Information Technology Advisory Board to convene and seek recommendations from stakeholders and to have 2 members of academia who oversee, or have experience in, health care policy or health care data research; provide that federal law that may preempt participation by a participant includes the Employee Retirement Income Security Act of 1974.

Summary of Amendment: House Floor Amendment 2 -- R. Raymer

Summary Retain original provisions, except make technical corrections; add state agencies as an authorized recipient of information in the statewide health data utility; add state agencies as a participant in the statewide health data utility; subject to the availability of funding, staffing, and other resources, require the Office of Health Policy, Analytics, and Accountability within the Legislative Research Commission (Commission) to develop, implement, operate, and maintain all functions of the statewide health data utility; authorize the Commission to contract with Kentucky's public health universities; require the Commission to submit an annual written report to the Interim Joint Committee on Health Services; require the Kentucky Health Information Technology Advisory Board to convene and seek recommendations from stakeholders and to have 2 members of academia who oversee, or have experience in, health care policy or health care data research; provide that federal law that may preempt participation by a participant includes the Employee Retirement Income Security Act of 1974; delete amendments to existing health data exchange and collection laws; amend KRS 216.2921 to require the Cabinet for Health and Family Services to cooperate, support, and provide assistance to the Commission in the implementation of the statewide health data utility.

Summary of Amendment: House Floor Amendment 3 -- R. Raymer

Summary Delete original provisions; require the Legislative Research Commission (Commission) to conduct a study on the development of a Kentucky statewide health data utility; provide authority to the Commission in carrying out the study; require a written report to be submitted to the Commission for referral to the Interim Joint Committee on Health Services by December 1, 2026.

Statutes affected:
Introduced: 194A.030, 194A.101, 194A.103, 194A.095, 205.640, 205.6489, 211.474, 214.375, 311A.190
House Committee Substitute 1: 194A.030, 194A.103, 194A.095, 205.640, 205.6489, 211.474, 214.375