March 27, 2020
March 25, 2020, the Kentucky Senate passed emergency legislation (SB 150), addressing numerous issues related to the coronavirus pandemic. The legislation has been delivered to the Governor. With regard to healthcare, the legislation covers the following topics:
- Adoption of broad telehealth coverage for both new and established patients if provided by a practitioner licensed in good standing in any jurisdiction and registered in the state and a requirement for all insurers to cover such services;
- Immunity from liability for providers rendering treatment for the Coronavirus, including use of off-label drugs; provision of services outside normal scope of practice upon request from health facility or public health entity; or uses of supplies or equipment outside their normal use;
- Named licensing boards may waive laws to enable registration of out-of-state providers, relax scope of practice restrictions, increase physician flexibility to supervise other providers remotely; allow rapid certification and recertification; allow medical students to provide certain services under supervision, otherwise enable telehealth and activation of inactive practitioners; and
- Immunity for businesses that get into medical supply business for purposes of the emergency.