Kentucky initiates formulary development

Optum for Workers' Compensation
| Jun 05, 2018

In response to House Bill 2, the Kentucky Workers’ Compensation Medical Advisory Committee met on May 31 to review the recently signed workers’ compensation reform legislation.  Commissioner Robert Swisher gave an overview of the new legislative mandates, including adoption of a drug formulary and additional medical treatment guidelines, and plans for moving forward for regulatory development. 

 Two regulatory groups/committees will be charged with assisting in this process:

  • The Medical Advisory Committee (composed of clinicians) will work with the medical and clinical aspects of the formulary including treatment guidelines
  • A Regulatory Advisory Committee will help develop the regulatory structure

 The required deadlines for HB 2 and the Department of Workers' Claims are as follows:
     December 31, 2018: develop or adopt the formulary and promulgate regulations
     December 31, 2019: promulgate regulations for treatment guidelines

While the end of this year is the legislative deadline for development of the formulary, the actual implementation/effective date is anticipated to come later.

The Optum Government Affairs team was fortunate enough to take part in the first meeting and came away greatly encouraged by the initial discussion and thoughtfulness displayed by the Commissioner. Lessons learned from previous jurisdictions implementing workers’ comp. formularies and key industry stakeholders will be taken into consideration during this fact-finding and development process. We look forward to continue in providing input on best practices, which have streamlined formulary development and implementation in other jurisdictions where we participated as a stakeholder. 

We encourage our clients with significant Kentucky business to also stay engaged in this process going forward. Should you have any questions on this or other public policy development issues, please contact our Government Affairs team at

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