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Committee rejects business‑associate agreement amendment with University of Louisville vendor amid HB4 concerns
Summary
A proposed business‑associate agreement extension for the University of Louisville Research Foundation drew objections on the grounds it conflicted with House Bill 4; the committee vote failed and the item moves to finance for further action.
The Contract Review Committee voted on May 1 against approving a business‑associate agreement amendment for the University of Louisville Research Foundation after members raised concerns tied to House Bill 4 and the contract’s subject matter.
The contract modification was described by agency counsel as a business‑associate agreement (BAA) added to an existing contract to protect the handling of protected information. Wesley Duke, general counsel at the cabinet (participant on the call), said the BAA was to safeguard sensitive information consistent with state and federal laws.
Several committee members, including Senator Meredith, said the amendment as presented appeared inconsistent with House Bill 4 (a recent law that places restrictions on state‑funded diversity, equity and inclusion activities at higher‑education institutions and affiliates). Representative O'Rourke and others urged care distinguishing factual public‑health analysis from prohibited ideological activity; O'Rourke said historical facts that explain health outcomes are relevant to public health studies.
When the committee voted, several members opposed the BAA amendment citing HB4; other members supported it as a standard data‑protection instrument. The motion failed on the committee floor and the record indicates the item will continue to the Finance Cabinet for further review.
Agency counsel said cabinet staff are reviewing how new legislation affects existing contracts and that implementation decisions remain in progress. The committee’s rejection does not eliminate the underlying contract but prevented the BAA amendment from being approved at this meeting.
