Kentucky 2026 Regular Session

Kentucky Senate Bill SB92

Introduced
1/8/26  

Caption

AN ACT relating to Medicaid coverage for palliative care.

Summary

SB92 would require the Kentucky Department for Medicaid Services, and any managed care organization contracting with it, to cover palliative care for Medicaid enrollees who meet specified clinical and utilization criteria. The bill defines eligible patients as those enrolled in Medicaid who are, in the professional judgment of their care team, in the last two years of life, at risk for significant healthcare utilization, and diagnosed with one of several serious conditions such as stage IV cancer, advanced heart failure, advanced COPD, end-stage renal or liver disease, advanced neurological disease, or advanced dementia. It also allows the department to add other qualifying conditions by regulation, including pediatric conditions that meet the bill’s standards. The bill excludes individuals whose primary diagnosis is substance use disorder, but creates a separate pathway for children under 18 with advanced illness or medical conditions expected to cause early mortality, complex needs, or significant suffering. Covered palliative care must include physician oversight, an interdisciplinary team, 24/7 access, and regular in-person visits, with telehealth limited to supplementing in-person care. Services must be provided by organizations with a valid hospice license and by Medicare- and Medicaid-enrolled providers, and the department may not require a separate palliative care license. SB92 would also direct the department to adopt regulations setting reimbursement rates, payment methodology, and quality-control and reporting requirements. Those measures would be used to evaluate cost effectiveness and outcomes such as hospitalization rates, emergency department use, transitions to hospice, completion of advance care planning, and patient experience. The bill further authorizes the Cabinet for Health and Family Services or the department to seek any needed federal approval, waiver, or state plan amendment within 90 days if required to avoid loss of federal funds or to comply with federal law. The overall sentiment reflected by the bill text is supportive of expanding access to palliative care within Medicaid, with an emphasis on structured oversight, measurable outcomes, and continuity of care. No committee transcripts or recorded votes were provided, so there is no direct evidence of debate, opposition, or amendments in the available materials. The bill’s design suggests an attempt to balance broader access with limits on eligibility and administrative control over implementation.

Impact

SB92 would add a new Medicaid coverage mandate in KRS Chapter 205 for palliative care services, affecting the Department for Medicaid Services, Medicaid managed care organizations, hospice providers, and other enrolled providers. It would require the department to establish reimbursement and implementation rules by regulation, and it would create a specific statutory authorization for any necessary federal approvals under KRS 205.5372(1). The bill could expand covered services for seriously ill Medicaid recipients, including some pediatric patients, while also shaping provider participation and reporting obligations.

Sentiment

Based on the bill text alone, the measure appears generally favorable toward expanding access to palliative care for Medicaid beneficiaries with serious illness. The structure of the bill emphasizes patient access, care coordination, and quality measurement, while also including guardrails such as eligibility criteria, provider standards, and regulatory oversight. No votes or committee discussion were provided, so there is no documented public sentiment in the record beyond the bill’s policy direction.

Contention

The main potential points of contention are likely to be the scope of eligibility, the exclusion of individuals with a primary diagnosis of substance use disorder, and the fiscal/administrative impact of a new Medicaid benefit. Another likely issue is the requirement that services be delivered by hospice-licensed and Medicaid/Medicare-enrolled providers, which may affect provider access and implementation. The bill also leaves several important details to regulation, including which stage III cancers qualify and how reimbursement will be set, which could draw concern from providers, advocates, or budget officials.

Companion Bills

No companion bills found.

Previously Filed As

KY HB414

AN ACT relating to perinatal palliative care.

KY HB553

AN ACT relating to Medicaid coverage for doula services.

KY HB814

AN ACT relating to Medicaid coverage for doula services.

KY HB691

AN ACT relating to coverage for the care of children.

KY SB16

AN ACT relating to Medicaid coverage for certified professional midwifery services.

KY HB401

AN ACT relating to coverage for rapid whole genome sequencing.

KY HB789

AN ACT relating to advisory oversight of the Medicaid program.

KY SB93

AN ACT relating to coverage for hearing loss.

KY HB540

AN ACT relating to coverage for COVID-19 testing.

KY SB13

AN ACT relating to Medicaid managed care.

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