Uncertainty looms as covid rates break records in August

County health officials report 835 new cases as state of emergency for covid in question

As legislators and the governor face the end of an 18-month executive order declaring a state of emergency due to the covid-19 pandemic, the future of Kentucky’s official response to the virus is uncertain. Laws enacted during the 2021 legislative session meant to curtail Gov. Andy Beshear’s power to act in an emergency were upheld by the Kentucky Supreme Court on Aug. 21.

August ends with Muhlenberg County Health Department reporting 442 active cases, and 835 cases total for the month. The state’s covid-19 dashboard reports seven deaths in the county this month.

Kentucky is seeing high case numbers throughout the commonwealth, with 2,619 cases announced on Aug. 30.

The state is facing the worst of the pandemic and hospitals are reaching capacity in many areas. Owensboro Health Muhlenberg Community Hospital reported five total patients hospitalized with covid-19 on Aug. 26, with two in critical care.

“We have eight covid inpatient beds, seven outpatient covid beds, and five long-term care nursing home covid beds,” said Kathy Myer, the hospital’s vice president of patient care services. When a patient doesn’t progressively improve and requires intubation and support of a ventilator they are transferred to Owensboro Health Regional Hospital, she said.

The regional hospital has 70 total covid-19 patients, 20 in critical care and eight on a ventilator, according to data shared on Aug. 26.

Gov. Andy Beshear said he believes the only way an indoor mask mandate can be put in place at this time is by the legislature. “It would take the vote of the General Assembly, I don’t have the authority to do that now,” he said.

“I can’t do that now, and I get that, and I’ll provide all of the information I can to the General Assembly. Hopefully they will make the best decision they can. But I am begging you out there, put on that mask. We desperately need for you to do it again,” he said in an Aug. 26 press conference.

The law does allow Beshear to issue a 30-day state of emergency. However, the current state of emergency covering the covid-19 pandemic applies to any variant that comes thereafter, and expires when an injunction by a Franklin Circuit Court expires, Gov. Beshear said.

On Aug. 26 the Lexington Herald-Leader reported Franklin Circuit Court Judge Phillip Shepherd said he will follow the Supreme Court’s instructions for him to dissolve the injunction, but he will wait until the court hears more about the work between the Democratic governor and the Republican legislative leaders to come to an agreement on new covid-19 emergency orders. Shepherd asked the parties involved to report back to him on Sept. 7.

A special session of the Kentucky General Assembly to act on extending the covid-19 state of emergency may be on the horizon, at an estimated cost of $68,000 a day according to the non-partisan Legislative Research Commission.

One issue parents and school administrators alike are grappling with is the lack of NTI, or non-traditional instruction, days available in the 2021-22 school year.

“According to House Bill 208, school districts are limited to 10 non-traditional instruction days (NTI) for the year, unlike last year when the number was unlimited,” said an announcement from Muhlenberg County Public Schools. Once the 10 days have been used, the district will begin adjusting the school calendar with makeup days.

“We’re pushing for flexibility,” said Muhlenberg County Public Schools Superintendent Robby Davis. Last year, if one grade level or group of classes in one school had too many people in quarantine, there were unlimited NTI days which allowed the district to send everyone home for a few days, in just that affected group. This year, if one grade level or one school has to close for a few days, that would be taken from the 10-day limit, Davis said.

State Representative Melinda Gibbons Prunty, who represents Muhlenberg County in the State General Assembly, voted in support of House Bill 208. She also supported bills limiting the governor’s emergency powers to 30 days in the future.

“Previous law regarding a governor’s emergency powers was passed with flood, tornado or other short-term emergency in mind,” Rep. Prunty said in a written statement. “It was not anticipated that an emergency order could be ongoing for a year and a half or indefinitely without input from the legislative branch. The governor still has the authority to enact emergency orders, however, now he must consult the legislature after 30 days,” she said.

A special called meeting of the Interim Joint Committee on Education will be held this week to discuss the current situation in schools, Rep. Prunty said. She is a member of that committee.

As the public awaits action by the General Assembly on covid-19, Republican leadership is vague on what type of measures they will support.

Kentucky Senate President Robert Stivers shared one plan he has for encouraging Kentuckians in his home county to get vaccinated, in a press conference on Aug. 24. In Clay County, he said an advertising campaign is underway, featuring local influencers talking about how and why to get vaccinated. There will be vaccine clinics and incentives such as wrist bands and pizza coupons to encourage people to get vaccinated. Stivers said there will also be drawings for cash and University of Kentucky basketball tickets.

“We are not mandating, we’re encouraging and incentivizing based on a lot of collaboration between a lot of people, and community leaders. This is not something that requires a special session,” Stivers said. Focusing on the 20 counties with the lowest vaccination rates, Stivers said the local response will create community engagement. He said it could be easily ramped up in many counties.

Stivers said this is the direction he will encourage members of the General Assembly to go. Statewide mask mandates will most likely not be enacted by the General Assembly, Stivers said, but perhaps some targeted mask mandates may be enacted around certain industries, such as in the prison environment. Masks in schools should be decided by local districts, he added.

At this time, a regulation from the Kentucky Board of Education requiring students and staff in Kentucky’s K-12 school wear masks indoors is still in effect. Kentucky lawmakers met with Kentucky Board of Education officials and Commissioner of Education Jason E. Glass on Aug. 17 to discuss the mask requirement. The Administrative Regulation Review Subcommittee voted 5-2 to find the board’s regulation deficient, but it was not repealed.