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Kentucky Regulatory, Legislative and Reimbursement Report – January-February 2015


  • Final Overpayment Rule Delayed by CMS Until 2016
    • The Centers for Medicare and Medicaid Services announced that it would be delaying publication of a final rule governing the reporting and returning of Medicare overpayments until Feb. 16, 2016.
    • Please click here for more information.

Kentucky Department for Public Health

  • Revised Proposed Regulations for Tuberculosis (TB) Testing of Both Long-term Care (LTC) Residents and Staff in Health Care Settings
    • The Department for Public Health and the Office of Inspector General has worked collaboratively to develop revised guidelines for TB testing of both long-term care (LTC) residents and staff in health care settings. They are proposing an amendment of 902 KAR 20:200 to establish TB testing requirements for LTC residents, and a new regulation, 902 KAR 20:205, to establish TB testing requirements for health care workers.
    • Please click here for more information.
  • Kentucky Department for Public Health Measles Guidance – Diagnosis, Lab Testing, and Case Investigation
    • The Kentucky Department for Public Health recently released the Guidance for Measles Diagnosis, Laboratory Testing, and Public Health Investigation.
    • If you have any questions please contact: Dr. Robert Brawley, Chief Infectious Disease Branch 502-564-3261 ext. 4245, Leslee Minch, Nurse Consultant 502-564-4478 ext. 4259 or Melissa Eastman, Nurse Consultant at 502-564-4478 ext. 4254.

Reportable Disease Regulations

  • An amendment to the Kentucky reportable diseases regulation, now called “902 KAR 2:020. Reportable disease surveillance” has added new reporting requirements for pharmacists for tuberculosis (TB).
    • Click here for the regulation.
    • The section dealing with pharmacists is below:
      • “Section 15. (1) A pharmacist shall give notice if two (2) or more of the following medications used for the initial treatment of active tuberculosis are dispensed to an inpatient in a health facility or to an ambulatory patient in a health facility or a pharmacy:
        • (a) Rifampin or rifabutin;
        • (b) Isoniazid;
        • (c) Pyrazinamide; and
        • (d) Ethambutol.
      • (2) A report of tuberculosis shall be considered priority and shall be reported to the local health department serving the county in which the patient resides.
      • (3) If the local health department cannot be reached, notification shall be given to the Kentucky Department for Public Health.
      • (4) The report shall include:
        • (a) Information required in Section 4(16) of this administrative regulation; and
      • (b) Names of the medications dispensed.”
    • The regulation is in effect now.


  • Kentucky staffing Ebola Call Center Information for Healthcare Providers Only
    • The Kentucky Department for Public Health (KDPH) began staffing a Call Center to take Ebola-related questions from hospitals, EMS, health departments, pharmacists and other healthcare providers. The Call Center is staffed with trained nurses, epidemiologists and other public health practitioners to answer clinical questions or do consults. It provides an open line of communication with health providers, and help to identify frequently asked questions (FAQ) which will be updated and posted weekly on the Kentucky Health Alerts website.
    • KDPH encourages all healthcare providers to consult this website for information before contacting the Call Center.
    • Contact Information: Phone: 502-564-5461 Email: reportable.diseases@ky.gov
    • Hours: 8:00 AM – 4:30 PM ET Monday – Friday
    • After hours, 888-9REPORT continues to be used by clinicians for reporting potential cases of Ebola
    • Website: http://healthalerts.ky.gov
    • Please note this Call Center is not intended for questions from the general public and should not be shared in that manner.
    • General public questions or inquiries should be directed to the local health department or the CDC website.
    • For the latest situation report from the World Health Organization, click here.

Legislative Update

  • S. Rep. Guthrie again leads the way in introducing Federal Pharmacist Provider Status legislation
    • On Jan. 28, 2015, new federal pharmacist provider status legislation was reintroduced in the House of Representatives. The bill, introduced by Reps. Brett Guthrie (R-KY), G.K. Butterfield (D-NC), Todd Young (R-IN), and Ron Kind (D-WI), is called the Pharmacy and Medically Underserved Areas Enhancement Act – H.R. 592.
    • Similar to 2014’s, H.R. 4190, the provisions will provide access to pharmacist-provided clinical services to patients in medically underserved communities. This bill and its forthcoming companion bill in the Senate is the key priority for the Patient Access to Pharmacists’ Care Coalition (PAPCC), which YOUR Kentucky Pharmacists Association supports and participates in through the National Alliance of State Pharmacy Associations.
    • Click here to view the press release from the American Pharmacists Association.
    • Kentucky had all but one representative signed on as a cosponsor of the 2014 bill. Contact your representative NOW and ask him to support HR 592!

Office of Inspector General

  • CMP Grant Received
    • The Kent School of Social Work at the University of Louisville received a Civil Money Penalty (CMP) grant to undertake a program to improve resident quality of care through increased use of Person-Centered Care practices.
    • Initiatives and activities include:
      • The creation of a Leadership Initiative of 50 Certified Nursing Homes to participate in on-site day-long individual facility consultation and training. Also four two-day Regional PCC Conferences have been scheduled. Click here for details.
    • Facilities interested in participating in the PCC Leadership Initiative should immediately contact either Betty Shiels or Diana Jester for an application form. Registration forms for the conferences are also available.
  • QSource and atom Alliance
    • CMS funded QSource and atom Alliance, the Quality Innovation Network (QIN) – Quality Improvement Organizations (QIOs) for Kentucky released a message regarding the National Nursing Home Quality Care Coalition (NNHQCC) created by CMS that begins on April 1, 2015.

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