Burch files bill to stop psychiatric hospitals

FRANKFORT — A Louisville legislator has filed a bill that if passed may put the brakes on a proposal backed by Gov. Steve Beshear to build more psychiatric treatment facilities for youth.

Rep. Tom Burch, D-Louisville, pre-filed legislation on Thursday that reverses a proposal by the governor to add up to eight 50-bed psychiatric units for adolescents who are currently being treated at out-of-state facilities.

Beshear is pushing the proposal despite a unanimous vote by the Administrative Regulations Review Subcommittee against the proposal and strong opposition from the state’s hospital and nursing home associations.

Hospital and health care officials say that the state is trying to circumvent its own rules by pushing the proposal forward without going through the state’s certificate of need process, a lengthy procedure that hospitals and health care facilities must complete before adding a new facility or additional beds.

“What we’re trying to do is keep them from circumventing the law,” Burch said. “All I’m trying to do is protect the governor. I’m not trying to make him look bad. I know that there will be lawsuits over this.”

Burch, who chairs the House Health and Welfare Committee, said he will hold a hearing on Wednesday about the proposal to add psychiatric beds.

At its Sept. 8 meeting, the Administrative Regulations Review Subcommittee unanimously voted against the change after widespread opposition from mental health advocates and the state’s hospitals. The hospitals say the Cabinet for Health and Family Services, who oversees psychiatric treatment, was trying to fast-track the proposal even though there have been discussions for more than 25 years about bringing kids back to Kentucky for treatment.

There are currently about 230 children with severe physical and psychological problems who receive long-term treatment at out-of-state facilities.

But Beshear sent the Administrative Regulations Review Subcommittee a letter in late September, saying he was overriding their decision and plans to move forward with building the psychiatric hospitals. Officials with the Cabinet for Health and Family services said that the state has been talking for too long about bringing kids back to Kentucky for treatment. The state currently spends about $17 million on out-of-state care. That money should be spent in Kentucky, they said.

The regulation also included a provision that would allow a Northern Kentucky nursing home to split its beds and move them from one county to another county, which is currently not allowed under state rules.

Burch said Friday that he knows that there will be lawsuits filed over the changes.
“The governor and I are on the same page,” Burch said. “We want to bring these kids back home. But we have a procedure in place, let’s follow that procedure.”

Burch said he talked to Beshear for an hour on Thursday and he asked his friend of more than 20 years to wait at least a month before moving forward with the proposal. Burch said he does not know how much support the measure would have in the Democratic-controlled House or the Republican-controlled Senate.

Jill Midkiff, a spokeswoman for Beshear, said Friday that ” Governor Beshear had a productive meeting with Rep. Burch and although they may disagree on the process, they do agree that we need to bring these children back to Kentucky.”

“This is just a draft,” Burch said of the legislation. “If we can come to some sort of conclusion, than I can always withdraw it.”

Sen. Elizabeth Tori, R-Elizabethtown, and co-chair of the Administrative Regulations Review Subcommittee, could not be reached for comment. But Burch said that Tori may also file similar legislation in the Republican-controlled Senate.

A Kansas company called KVC has already filed an application to run the psychiatric facilities. Cabinet officials have said it is likely that only two 50-bed units will be built, one of which will likely be in the Mt. Sterling area.

– Beth Musgrave

Filed Under: Featured • KY General Assembly • State Government • Steve Beshear • Tom Burch