Summary of Original Version

Amend KRS 214.450 to define "autologous donation," "directed donation," and "informed consent"; create a new section of KRS 214.450 to 214.466 to establish an individual's right to select a willing blood donor; establish related prohibitions for blood establishments, health facilities, health services, and health care providers; establish related requirements for blood establishments and health care facilities; prohibit misrepresentation of the availability, safety, or legality of directed or autologous donations; establish protections for physicians who facilitate directed or autologous donations; establish penalty for violations; require the Cabinet for Health and Family Services to establish a reporting mechanism to report obstructions to directed or autologous donations, complete investigations within 60 days, and promulgate administrative regulations to implement and enforce reporting; permit emergency transfusions with consent and provide exemption from liability; permit an individual to bring a civil action for violations of individual rights to directed or autologous donations; amend KRS 214.452, 214.456, and 214.990 to conform and make technical corrections; create a new section of Subchapter 17A of KRS Chapter 304 to require all health benefit plans to cover any autologous or directed transfusion of blood; amend KRS 205.522 and 205.6485 to require Medicaid coverage of any autologous or a directed transfusion of blood; amend KRS 18A.225 to require state health benefit plans coverage of any autologous or directed transfusion of blood; apply coverage mandates to health benefit plans issued or renewed on or after January 1, 2027; provide that sections of the Act may be cited as the Medical Autonomy and Directed Donation Act; require the Cabinet for Health and Family Services to seek federal approval if they determine that such approval is necessary; provide authorization from the General Assembly to make changes as required under KRS 205.5372(1); include provisions for cost defrayal requirements; EFFECTIVE, in part, January 1, 2027.

Statutes affected:
Introduced: 214.450, 214.452, 214.456, 214.990, 205.522, 205.6485, 164.2871, 18A.225