AN ACT relating to the establishment of the Kentucky Health Command.

UNOFFICIAL COPY 26 RS BR 1875
Page 1 of 7
XXXX 1/30/2026 1:35 PM Jacketed
AN ACT relating to the establishment of the Kentucky Health Command. 1
WHEREAS, the Commonwealth of Kentucky faces numerous challenges, including 2
a shortage of healt hcare professionals, in its efforts to deliver quality health care in rural 3
communities across the state; and 4
WHEREAS, artificial intelligence -based technologies hold promising potential in 5
providing basic health and wellness information and education by c onnecting individuals 6
with healthcare providers and answering general health -related questions that can be 7
safely addressed outside of a clinical setting; and 8
WHEREAS, the development of a system that enables virtual encounters through 9
the use of avatar -based technology would facilitate meaningful communication and 10
provide ease of access for individuals to connect with an appropriate health care provider; 11
and 12
WHEREAS, to the extent federal funds may be made available in the future, 13
whether through the Rural Health Transformation Program or from other grants from the 14
Centers for Medicare and Medicaid Services, the Health Resources and Services 15
Administration, or the Department of Health and Human Services, having a uniform, 16
interoperable avatar -based virtual encounter platform available to providers in rural 17
communities will position the Commonwealth as a leader in transforming the delivery of 18
health care services to many disadvantaged communities; and 19
WHEREAS, the effective and sustainable delivery of health care services 20
increasingly depends upon the ability of health systems to leverage modern, advanced 21
technology platforms that support education, navigation, and health -related partnerships 22
aligned with patient needs; 23
NOW, THEREFORE, 24
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 25
SECTION 1. A NEW SECTION OF KRS 42.720 TO 42.742 IS CREATED TO 26
READ AS FOLLOWS: 27
UNOFFICIAL COPY 26 RS BR 1875
Page 2 of 7
XXXX 1/30/2026 1:35 PM Jacketed
(1) As used in this section: 1
(a) "Avatar-based virtual encounter system" means a digital, interactive 2
platform that enables a user to participate in a virtual health -related 3
encounter through one (1) or more computer -generated avatars 4
representing an automated interface, a participating h ealth care provider, a 5
user, or a partner institution tethered together within a single, unified visual 6
environment; 7
(b) "Health management services": 8
1. Means nonclinical, health-related ancillary services; 9
2. Includes: 10
a. Providing information on prevent ative services or services 11
designed to slow the progression of chronic diseases, including 12
screenings for basic human needs and referrals to appropriate 13
services and agencies to meet those needs; 14
b. Health promotion education to prevent illness or disease, 15
including the promotion of health behaviors and diets to increase 16
awareness and prevent the development of illness or disease; 17
c. Facilitation between a user and a health care provider when 18
cultural factors, such as language, socioeconomic status, or 19
health literacy, become a barrier to properly understanding 20
treatment options or treatment plans; 21
d. Diagnosis-related user education regarding self -management of 22
physical and mental health and treatment plan compliance; 23
e. Assisting users in understanding and comprehending their 24
electronic medical records; 25
f. Connecting users to local health care providers and assisting 26
with appointment scheduling; 27
UNOFFICIAL COPY 26 RS BR 1875
Page 3 of 7
XXXX 1/30/2026 1:35 PM Jacketed
g. Providing access for telehealth interactions with licensed health 1
care providers; 2
h. Routine follow-up assistance; and 3
i. Recommending that a user seek emergency care; and 4
3. Does not include: 5
a. The practice of medicine; or 6
b. Diagnosing or treating any disease, illness, or medical condition; 7
and 8
(c) "Rural health care providers and facilities" means licensed hea lth care 9
providers and facilities that are located in: 10
1. Nonmetropolitan counties; 11
2. Outlying metropolitan counties with no population from an urban 12
area of fifty thousand (50,000) or more; 13
3. Census tracts with Rural -Urban Commuting Areas codes 4 -10 in 14
metropolitan counties; or 15
4. Large census tracts of at least four hundred (400) square miles in 16
metropolitan counties with a population density of thirty -five (35) or 17
fewer people per square mile and Rural -Urban Commuting Area 18
codes 2-3. 19
(2) (a) There is hereby created within the Commonwealth Office of Technology an 20
agency of state government to be known as Kentucky Health Command. 21
(b) The Kentucky Health Command shall: 22
1. Employ a full-time director who shall: 23
a. Be appointed by and serve at the pleasure of the Governor; and 24
b. Have knowledge of and experience in artificial intelligence -25
based technology platforms; 26
2. No later than January 1, 2027, designate and contract, in accordance 27
UNOFFICIAL COPY 26 RS BR 1875
Page 4 of 7
XXXX 1/30/2026 1:35 PM Jacketed
with KRS Chapter 45A, with a p rivate sector entity to develop and 1
provide standards and qualifications, in accordance with subsection 2
(4) of this section, for the utilization of an artificial intelligence -3
assisted virtual health platform to be made available to rural health 4
care providers and facilities; and 5
3. Establish, through the promulgation of administrative regulations in 6
accordance with KRS Chapter 13A, a process: 7
a. By which rural health care providers and facilities may contract, 8
or enter into an end user licensing agreement, for the use of the 9
artificial intelligence-assisted virtual health platform; and 10
b. For the equitable sharing of net advertising revenues. The 11
revenue sharing process developed under this subparagraph 12
shall: 13
i. Prioritize reimbursing the state for the init ial costs 14
associated with development of the artificial intelligence -15
assisted virtual health platform; and 16
ii. Once the state has recouped costs associated with 17
development of the artificial intelligence -assisted virtual 18
health platform, distribute at leas t eighty percent (80%) of 19
net advertising revenues from the platform to participating 20
rural health care providers and facilities based the rate of 21
utilization. 22
(3) The artificial intelligence-assisted virtual health platform shall: 23
(a) Be designed to enable user-initiated health management services; 24
(b) Have the capability of using an avatar-based virtual encounter system; 25
(c) Present the user interaction together with identifying information of 26
participating rural health care providers and facilities, acc reditation 27
UNOFFICIAL COPY 26 RS BR 1875
Page 5 of 7
XXXX 1/30/2026 1:35 PM Jacketed
indicators, or other authorized entities, and may link or tether avatar 1
interactions to health -related data for the purposes of health management 2
services, navigation, education, referral, and the contextual presentation of 3
health-related information, resources, or promotions relevant to the user's 4
needs; and 5
(d) Not include or engage in the practice of medicine or the diagnosis or 6
treatment of any disease, illness, or medical condition. 7
(4) The standards and qualifications for utilization of the artificial intelligence -8
assisted virtual health platform shall: 9
(a) Require that the developer contracted under subsection (2) of this section 10
holds the necessary patent or legal or licensing rights to the platform and 11
related technologies; 12
(b) Establish a process for the sharing and transfer of health data while 13
protecting user privacy, including certification of electronic health records, 14
interoperability, algorithm transparency, and other information sharing; 15
(c) Establish guardrails to prevent users fr om receiving misinformation and to 16
prevent the platform from offering or providing any service that would 17
constitute the practice of medicine or the provision of regulated health care 18
services; 19
(d) Permit the display of commercial advertising, sponsored co ntent, and paid 20
promotions relevant to the user's health needs; 21
(e) Require that commercial advertising, sponsored content, and paid 22
promotions comply with all relevant state and federal laws and 23
administrative regulations related to medical advertising; and 24
(f) Include any other standards or qualifications deemed necessary to protect 25
users while optimizing and leveraging available technologies to promote 26
efficient delivery of health management services. 27
UNOFFICIAL COPY 26 RS BR 1875
Page 6 of 7
XXXX 1/30/2026 1:35 PM Jacketed
Section 2. KRS 42.724 is amended to read as follows: 1
(1) There is hereby created within the Finance and Administration Cabinet an agency 2
of state government known as the Commonwealth Office of Technology. 3
(2) The Commonwealth Office of Technology shall be headed by an executive director, 4
also known as the chief information officer, appointed by the secretary of the 5
Finance and Administration Cabinet and approved by the Governor. Duties and 6
functions of the exec utive director shall include serving on the Governor's 7
Executive Cabinet and those established in KRS 42.730. 8
(3) The Commonwealth Office of Technology shall consist of the following offices, 9
each headed by an executive director and organized into division s headed by a 10
division director: 11
(a) Office of Infrastructure Services, consisting of the: 12
1. Division of Network Services; and 13
2. Division of Platform Services; 14
(b) Office of Architecture and Governance, consisting of the: 15
1. Division of Enterprise Solutions; 16
2. Division of Mainframe Services; 17
3. Division of Geographic Information Systems; and 18
4. Division of Governance and Strategy; 19
(c) Office of the Chief Information Security Officer. The office shall ensure the 20
efficiency and effectiveness of information technology security functions and 21
responsibilities;[ and] 22
(d) Office of Client Support Services, consisting of the: 23
1. Division of Field Services; and 24
2. Division of Support Services; and 25
(e) Kentucky Health Command. The command shall oversee the developm ent 26
and operation of an artificial intelligence -assisted virtual health platform in 27
UNOFFICIAL COPY 26 RS BR 1875
Page 7 of 7
XXXX 1/30/2026 1:35 PM Jacketed
accordance with Section 1 of this Act. 1
(4) Executive directors and division directors appointed under this section shall be 2
appointed by the secretary with the approval of the Governor. 3