Kentucky Revised Statutes (Last Updated: May 10, 2014) |
TITLE XXV. BUSINESS AND FINANCIAL INSTITUTIONS |
CHAPTER 304. INSURANCE CODE |
Subtitle 17A. Health Benefit Plans |
17A-005. Definitions for subtitle. |
17A-010. Repealed, 1998. [Repealed] |
17A-020. Repealed, 1998. [Repealed] |
17A-030. Repealed, 1998. [Repealed] |
17A-040. Repealed, 1998. [Repealed] |
17A-050. Repealed, 1998. [Repealed] |
17A-060. Repealed, 1998. [Repealed] |
17A-070. Repealed, 1998. [Repealed] |
17A-071. Repealed, 2010. [Repealed] |
Miscellaneous Provisions |
17A-080. Health Insurance Advisory Council -- Powers -- Duties -- Members -- Expenses and supplies. |
17A-090. Repealed, 1998 [Repealed] |
17A-095. Insurer issuing health benefit plan must file rates and charges -- Commissioner's approval -- Policy forms -- Administrative regulations -- Hearing. |
17A-0952. Premium rate guidelines for individual, small group, and association plans. |
17A-0954. Definitions for section -- Premium rate guidelines for employer-organized association plans. |
17A-096. Basic health benefit plans permitted for individual, small group, and association markets -- Required coverage -- Exclusions from coverage. |
17A-097. Disclosure of coverage levels in basic health benefit plan. |
17A-098. Rewards or incentives to participate in voluntary wellness or health improvement program. |
17A-100. Repealed, 1998. [Repealed] |
17A-110. Repealed, 1998. [Repealed] |
17A-120. Repealed, 1998. [Repealed] |
17A-130. Repealed, 1998. [Repealed] |
17A-131. Coverage for cochlear implants. |
17A-132. Coverage for hearing aids. |
17A-133. Coverage for mammograms. |
17A-135. Coverage for treatment of breast cancer. |
17A-136. Coverage for cancer clinical trials. |
17A-137. Repealed, 2002. [Repealed] |
17A-140. Coverage applicable to children to include legally-adopted children. |
17A-141. Definitions for KRS 304.17A-141, 304.17A-142, and 304.17A-143. |
17A-142. Coverage for autism spectrum disorders -- Limitations on coverage -- Utilization review -- Reimbursement not required. |
17A-143. Coverage for treatment of autism in the individual and small group market -- Limitation -- Definitions. |
17A-145. Maternity coverage to include specified amounts of inpatient care for mothers and newly-born children -- Exemption. |
17A-146. Coverage for registered nurse first assistant. |
17A-147. Coverage for surgical first assisting or intraoperative surgical care to include services performed by certified surgical assistant. |
17A-1473. Coverage for surgical first assisting or intraoperative surgical care to include services performed by certified surgical assistant or physician assistant. |
17A-148. Coverage for diabetes. |
17A-149. Coverage for anesthesia and services in connection with dental procedures for certain patients. |
17A-150. Unfair trade practices -- Penalties. |
17A-155. Prohibition against denial of coverage to victims of domestic violence. |
17A-160. Repealed, 1998. [Repealed] |
17A-161. Definitions for KRS 304.17A-161 and 304.17A-162. |
17A-162. Contract between pharmacy benefit manager and contracted pharmacy -- Contents -- Resolution of disputes over maximum allowable cost pricing -- Duties of pharmacy benefit manager. |
17A-163. Override of restrictions on medication sequence in step therapy or fail-first protocol. |
17A-165. Prescription drug coverage to include exceptions or override policy for refills of covered drugs -- Limitations and exclusions. |
17A-170. Definitions for KRS 304.17A-170 and 304.17A-171. |
17A-171. Requirements for health benefit plans that include chiropractic benefits. |
17A-173. Payment for coverage of services within scope of practice of optometrists. |
17A-175. Limitation on amount of copayment or coinsurance charged for services rendered by chiropractor or optometrist. |
17A-177. Limitation on amount of copayment or coinsurance charged for services rendered by occupational or physical therapist -- Insurer to clearly state coverage. |
17A-210. Repealed, 2000. [Repealed] |
17A-220. Pre-existing condition exclusion in group coverage -- Definitions for section. |
17A-230. Pre-existing condition exclusion in individual market -- Prohibition against use of genetic information -- Administrative regulations. |
17A-240. Renewal or continuation -- Ground for nonrenewal, cancellation, or discontinuance. |
17A-243. Grace period for unpaid premiums. |
17A-245. Required notice of cancellation -- Procedure -- Refund of unearned premium. |
17A-250. Standard health benefit plan -- Individual or small group markets -- Writing requirement for provider participation -- Time limit for rate quote -- Notice of denial of coverage. |
17A-252. Health benefit plan not required to include state-mandated benefits enacted after issuance. |
17A-254. Duties of insurer offering health benefit plan. |
17A-256. Options for dependent coverage under group health benefit plans -- Disclaimer. |
17A-257. Coverage under health benefit plan for colorectal cancer examinations and laboratory tests. |
17A-258. Coverage under health benefit plan for therapeutic food, formulas, supplements, and low-protein modified food products. |
17A-260. Repealed, 2002. [Repealed] |
17A-270. Nondiscrimination against provider in geographic coverage area. |
17A-275. Health benefit plan not to discriminate against physician on basis of degree in medicine or osteopathy. |
17A-280. Repealed, 2000. [Repealed] |
17A-290. Prohibition against renewal of nonstate employees and small groups under KRS 18A.2251 or 18A.2281. |
17A-300. Provider-sponsored integrated health delivery network -- Qualifications -- Fees -- Network subject to provisions of other subtitles. |
17A-310. Financial solvency requirements for network. |
17A-320. Certificate of filing for employer-organized association -- Effect -- Revocation. |
17A-330. Self-insurance reporting requirements -- Exemption. |
17A-340. Restrictions on use of Kentucky Children's Health Insurance Program allocated funds. |
17A-350. Repealed, 2002. [Repealed] |
Kentucky Guaranteed Acceptance Program |
17A-400. Repealed, 2000. [Repealed] |
17A-410. Definitions for KRS 304.17A-400 to 304.17A-480. |
17A-420. Repealed, 2000. [Repealed] |
17A-430. Criteria for program plan -- Alternative underwriting. |
17A-440. Repealed, 2000. [Repealed] |
17A-450. Cost-containment feature requirement for program plans. |
17A-460. Repealed, 2000. [Repealed] |
17A-470. Repealed, 2000. [Repealed] |
17A-480. Repealed, 2000. [Repealed] |
Managed Care Plans |
17A-500. Definitions for KRS 304.17A-500 to 304.17A-590. |
17A-505. Disclosure of terms and conditions of health benefit plan -- Filing with department. |
17A-510. Notification by insurer offering managed care plans of availability of printed document. |
17A-515. Requirements for managed care plan. |
17A-520. Enrollee choice of primary care providers. |
17A-525. Standards for provider participation -- Mechanisms for consideration of provider applications -- Policy for removal or withdrawal. |
17A-527. Filing of provider agreements, risk-sharing arrangements, and subcontract agreements with commissioner -- Contents -- Disclosure of financial information not required. |
17A-530. Prohibition against contract limiting disclosure to patient of patient medical condition or treatment options. |
17A-532. Prohibition against contract requiring mandatory use of hospitalist. |
17A-533. Repealed, 2004. [Repealed] |
17A-535. Drug utilization waiver program -- Limitations on generic substitution -- Application to drug formulary. |
17A-540. Disclosure of limitations on coverage -- Denial letter. |
17A-550. Out-of-network benefits. |
17A-555. Patient's right of privacy regarding mental health or chemical dependency -- Authorized disclosure. |
17A-560. Most-favored-nation provision. |
17A-565. Commissioner to enforce KRS 304.17A-500 to 304.17A-570 -- Administrative regulations. |
17A-570. Applicability of KRS 304.17A-500 to 304.17A-570 for health insurance contracts or certificates. |
17A-575. Definitions for KRS 304.17A-575 to 304.17A-578. |
17A-576. Notice by managed care plan insurer of health care provider's application for credentialing -- Payments to applicant. |
17A-577. Disclosure of payment or fee schedule to managed care plan health care provider -- Disclosure of schedule change -- Confidentiality of payment information. |
17A-578. Notice to health care provider of material change to managed care plan. |
17A-590. Participating provider directories. |
Utilization Reviews |
17A-600. Definitions for KRS 304.17A-600 to 304.17A-633. |
17A-603. Application of KRS 304.17A-600 to 304.17A-633. |
17A-605. Requirements and procedures for utilization review -- Exception for private review agent operating under contract with the federal government. |
17A-609. Emergency administrative regulations governing utilization review and internal appeal to be promulgated by the department. |
17A-611. Prohibition against retrospective denial of coverage for health care services under certain circumstances. |
17A-613. Emergency administrative regulations governing registration of insurers and private review agents seeking to conduct utilization reviews -- Procedure for handling complaints. |
17A-615. Prohibition against denying or reducing payments under certain circumstances. |
17A-617. Internal appeals process -- Procedures -- Review of coverage denials. |
17A-621. Independent External Review Program established. |
17A-627. Certification as independent review entity -- Requirements and restrictions. |
17A-629. Administrative regulations to implement provisions of KRS 304.17A-621, 304.17A-623, 304.17A-625, 304.17A-627, 304.17A-629, and 304.17A-631. |
17A-631. Time for insurers to comply with administrative regulations. |
17A-633. Commissioner to report to Interim Joint Committee on Banking and Insurance and to Governor -- Contents of report. |
Emergency Medical Conditions |
17A-640. Definitions for KRS 304.17A-640 et seq. |
17A-641. Treatment of a stabilized covered person with an emergency medical condition in a nonparticipating hospital's emergency room. |
17A-643. Treatment of covered person under special circumstances. |
17A-645. Covered person's access to participating nonprimary care physician specialist. |
17A-647. Covered person's access to participating obstetrician or gynecologist -- Authorization for annual pap smear without referral. |
17A-649. Administrative regulations for the implementation of KRS 304.17A-640 et seq. |
Mental Health Conditions |
17A-660. Definitions for KRS 304.17A-660 to 304.17A-669. |
17A-661. Treatment of mental health conditions to be covered under same terms and conditions as treatment of physical health conditions. |
17A-665. Commissioner to report to Legislative Research Commission on impact of health insurance costs under KRS 304.17A-660 to 304.17A-669. |
17A-669. KRS 304.17A-660 to 304.17A-669 not to be construed as mandating coverage for mental health conditions -- Exemptions from KRS 304.17A-660 to 304.17A-669. |
KRS 304.17A-700 to 304.17A-730 Payment of Claims |
17A-700. Definitions for KRS 304.17A-700 to 304.17A-730 and KRS 205.593, 304.14-135, and 304.99-123. |
17A-702. Claims payment time frames -- Duties of insurer. |
17A-704. Insurer's acknowledgment of receipt of claim -- Inaccurate or insufficient claim information -- Claim status information. |
17A-705. Electronic claims submission. |
17A-706. Contested claims -- Delay of payment -- Conditions -- Procedure. |
17A-708. Resolution of payment errors -- Retroactive denial of claims -- Conditions. |
17A-710. Disclosure of claims payment information to provider. |
17A-712. Claim refunds and overpayments. |
17A-714. Collection of claim overpayments -- Dispute resolution. |
17A-716. Prohibition against denial or reduction of payment for covered health benefit -- Conditions. |
17A-718. Disclosure of claims payment information to covered person. |
17A-720. Administrative regulations for standardized health claim attachments -- Conformity with federal standards. |
17A-722. Administrative regulations on claims payment practices. |
17A-724. Applicability of KRS 304.17A-700 to 304.17A-730 and KRS 205.593, 304.14-135, and 304.99-123. |
17A-726. Exclusive application of KRS 304.17A-700 to 304.17A-730 and KRS 205.593, 304.14-135, and 304.99-123 to claims incurred and contracts made after July 14, 2000. |
17A-728. Contract disclosures of discounted fees -- Violation is unfair claims settlement practice. |
17A-730. Payment of interest for failing to pay, denying, or settling a clean claim as required. |
Audits of Pharmacy Records |
17A-740. Definitions for KRS 304.17A-740 to 304.17A-743. |
17A-741. Audit of pharmacy records -- Conditions. |
17A-743. Pharmacy audit appeals process. |
17A-745. KRS 304.17A-740 to 304.17A-743 not applicable to audits conducted by state agency pursuant to KRS Chapter 205. |
17A-747. KRS 304.17A-740 to 304.17A-743 not applicable when fraud, willful misrepresentation, or abuse alleged. |
Insurance Purchasing Outlets |
17A-750. Definitions for KRS 304.17A-750 to 304.17A-770 and 304.47-020. |
17A-752. Registration of insurance purchasing outlets -- Licensed agents -- Administrative regulations. |
17A-754. Application -- Approval and issuance of certificate -- Information to be filed -- Administrative regulations. |
17A-756. Denial, suspension, and revocation of application or license -- Civil penalty. |
17A-758. Activities allowed under administrator license -- Financial statements -- Books and records -- Renewal of certificate -- Nontransferability -- Fees. |
17A-760. Duties and powers of insurance purchasing outlet. |
17A-762. Outlet to act as policyholder for member -- Certificate of coverage for each member -- Disclosure to members. |
17A-764. Determination of premiums -- Restrictions in calculation. |
17A-766. Coverage deemed group health insurance -- Requirements for health benefit plans -- Member who no longer meets participation requirements. |
17A-768. Voucher -- Redemption -- Payment of premium amount -- Fee to process voucher -- Administrative regulations. |
17A-770. Provisions applicable to insurance purchasing outlets. |
Self-Insured Employer-Organized Association Groups |
17A-800. Purpose of KRS 304.17A-800 to 304.17A-844. |
17A-802. Definitions for KRS 304.17A-800 to 304.17A-844. |
17A-804. Applicability of KRS 304.17A-800 to 304.17A-844 -- Self-insured employer-organized association groups. |
17A-806. Certificate of filing required. |
17A-808. Application for certificate of filing - Fee. |
17A-810. Conditions for issuance of certificate of filing. |
17A-812. Initial and continuing financial solvency requirements. |
17A-814. Notification of change in information. |
17A-816. Investment of funds. |
17A-818. Agent of self-insured employer-organized association group -- Licensing -- Continuing education. |
17A-820. Examination of financial condition, affairs, and management by commissioner. |
17A-822. Appointment of Secretary of State as attorney to receive legal process. |
17A-824. Continuing effectiveness of certificate -- Termination of certificate at request of group -- Merger with another group. |
17A-826. Operation of group by board of trustees -- Powers and duties -- Prohibited acts. |
17A-828. Membership -- Liability on termination of membership, insolvency, or bankruptcy. |
17A-830. Trustees, officers, directors, or employees not to have interest in administrator or group. |
17A-832. Statement of financial condition -- Authority for administrative regulations. |
17A-834. Filing of rates, underwriting guidelines, evidence of coverage, and changes -- Filing fee. |
17A-836. Contribution plans to be established. |
17A-838. Members to receive evidences of coverage -- Contents. |
17A-840. Suspension or revocation of certificate of filing. |
17A-842. Authority for administrative regulations. |
17A-844. Prohibited activities -- Penalties. |
17A-846. Providing of requested information on insureds by group health benefit plan insurers -- Confidentiality -- Additional information to be provided to large groups. |