Kentucky Announces Updated Guidance for Prior Authorizations

On February 1, 2021, the Cabinet for Health and Family Services announced that effective February 1, Kentucky Medicaid Fee-for-Service (FFS) and Managed Care Organizations (MCOs) will not require prior authorizations (PAs) for all inpatient Medicaid services provided by Kentucky Medicaid enrolled inpatient hospitals.  Additionally, FFS and MCOs will not require PAs for Medicaid covered substance use and behavioral health services.  PAs may still be required for outpatient and other Medicaid services, except for individuals with a COVID diagnosis.  This guidance will remain in effect until March 31, 2021.  DMS will re-evaluate this guidance at the end of February and give 30 days’ notice of any changes.

Kentucky Governor Files Suit to Protect Executive Health Orders

On February 2, 2021, Kentucky Governor Andy Beshear sued state lawmakers after they overrode his January 20 vetoes of three legislative bills that would eliminate many of the Governor’s coronavirus-related health orders and curb the Governor’s executive powers. These bills prevent shutdowns of schools and businesses that meet federal health guidelines, limit governor emergency orders to 30 days without legislative approval, and impose 30-day limits on social distancing and quarantine emergency regulations. Governor Beshear’s suit demands a declaration of rights and temporary and permanent injunctions based on constitutional executive powers in a public health emergency.

Kentucky Governor Renews Pharmacy Emergency Fill Flexibilities

On February 3, 2021, Kentucky Governor Andy Beshear issued a new Executive Order 2021-072 renewing pharmacist authority to dispense emergency refills of up to a 30 day supply of any non-scheduled medication for Kentucky residents. This Executive Order will be in effect for 30 days.