Legislative Session 2018 Update
The 2018 session of the Kentucky General Assembly started January 2, and this session is moving much slower than the 2017 session when the legislature passed major policy changes in the first five days. The 2018 session will last for 60 days, ending no later than April 15. Legislators are awaiting the election filing deadline of January 30 to learn if they will have opposition for re-election. Many hold any controversial legislation until after this date in order to not raise concerns of voters who may file to run. 

Passing a biennial budget is weighing heavy on the minds of legislators and Governor Matt Bevin as the state grapples with declining revenues and a budget shortfall. The Senate has set many of its priorities for the session, which include pension reform, tort reform, carving pharmacy benefits away from the Medicaid Managed Care Organizations and a constitutional amendment creating crime victims’ rights. The House also has stated that pension reform is a priority along with changes to the workers’ compensation system, legislation requiring schools to teach essential skills, and the crimes victims’ rights constitutional amendment. 

Already, nearly 200 bills have been filed, but there are likely many more to come before the late-February deadlines for introduction of new bills.

Leadership and Committee Chairs Shuffle

There is a new Senate President Pro Tem—Senator Jimmy Higdon (R-Lebanon)—a retired grocer. Higdon moved from Senate Majority Whip to President Pro Tem after Senator David Givens (R-Greensburg) resigned the position. There also is a new Senate Majority Whip. Senator Mike Wilson (R-Bowling Green) was elected by his peers to serve in the leadership role. Wilson is the former Senate Chair of the Education Committee, which will now be chaired by Senator Max Wise (R-Campbellsville). 

Three new committee chairs have been appointed in the House. Representative Ken Upchurch (R-Monticello) will serve as House Transportation Committee Chair, which was vacant after the former Chair Marie Rader resigned her seat. Representative Phil Pratt (R-Georgetown) will take the helm of the Economic Development and Workforce Committee. The final new chair is freshman Representative Rob Rothenberger (R-Shelbyville) who will serve as head of the House Local Government Committee. Prior to serving in the General Assembly, he was the judge executive of Shelby County.
Pharmacy Issues
SB 5 Carves Pharmacy Benefits Away from Medicaid Managed Care Organizations
 
Senator Max Wise (R-Campbellsville) prefiled legislation (BR 216) to move pharmacy benefits away from the Medicaid Managed Care Organizations (MCOs) and require pharmacy benefits to be administered by state Medicaid staff ( SB 5 ). They could contract with a pharmacy benefit manager (PBM), but state officials would set the requirements of the program. Community pharmacies across the commonwealth experienced a dramatic reduction in reimbursements from a majority of the MCOs. Some reported a 50 percent increase in below-cost reimbursements from the MCOs. Kentucky has close to one-third of its population on Medicaid, meaning a significant number of patients visiting community pharmacies are covered by Medicaid.
 
The MCOs and the PBMs are opposing the legislation, but Senate Leadership sent a clear message that the legislation is a priority by assigning it SB 5 , a signal from the Senate that it is a priority of the Republican Majority Caucus.
 
 
Medical Malpractice Reform Pushed Again
 
Senator Ralph Alvarado (R-Winchester) has again filed legislation reforming medical malpractice laws in Kentucky. Last year, Alvarado successfully passed the legislation creating medical review panels in the commonwealth. This year he has filed SB 20 , which would require expert witnesses to sign an affidavit swearing to their experience as an expert, limit plaintiff’s attorney fees and prohibit expressions of sympathy from being introduced in medical malpractice lawsuits.
 
Alvarado also has filed SB 49 , which makes peer review findings confidential. This would mean these findings could not be used against a healthcare provider in a medical malpractice case. House Health and Family Services Committee Chair Addia Wuchner (R-Florence) has filed the same legislation in the House ( HB 4 ).
 
 
Medicaid Managed Care Target of General Assembly
 
Senator Stephen Meredith (R-Leitchfield) filed SB 53 to reduce the number of Medicaid Managed Care Organizations (MCOs) from its current five to two. The legislation also established the criteria for selecting the two MCOs. Meredith, a former hospital administrator, has long lamented the high number of MCOs in Kentucky creates inefficiencies for patients and providers.
 
 
Pharmacist Robert Goforth Nominated in Special Election
 
On February 27, a special election will be held to fill the vacated House District 89 seat and pharmacist Robert Goforth of East Bernstadt has been selected as the Republican nominee. Goforth had filed to run in the regular election, but will likely serve in the General Assembly because currently there is no Democratic nominee for the seat.
 
There also will be a special election to fill House District 49, after Representative Dan Johnson unexpectedly passed away. His wife, Rebecca Johnson, was selected as the Republican nominee for the seat. This special election will be held February 20 to fill this seat. Former State Representative Linda Belcher of Shepherdsville is the Democratic nominee for the special election. Both women have filed to run in the regular election as well.
General Business Topics
Bill Introduced to Increase Workplace Standards for Pregnant and Nursing Women
 
Similar to previous sessions, a bill has been introduced requiring increased workplace standards to accommodate pregnancy or other related conditions, including breastfeeding.
 
Senate Bill 38 filed by Senator Alice Kerr (R-Lexington) would require employers to provide “reasonable accommodations” for pregnant women and nursing mothers. The definition of reasonable accommodation would include a private space, other than a bathroom, for expressing breast milk. 
 
Other requirements for employers of pregnant women would include more frequent or longer break times, appropriate seating, less hazardous position/job restructuring and a modified work schedule.
 
The bill also would require that if reasonable accommodations can be made, an employer must act in good faith to do so. An employer would be required to post a written notice of the right to be free from discrimination for pregnant and nursing mothers.
Content provided by the Kentucky Retail Federation.
 
Click HERE to view a list of all bills tracked by KRF this session.