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 Repealed, 1998. [Repealed]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 Repealed, 1998. [Repealed]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 Repealed, 1998. [Repealed]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 Repealed, 1998. [Repealed]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 Repealed, 1998. [Repealed]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 Repealed, 1998. [Repealed]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 Repealed, 1998. [Repealed]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 Repealed, 2010. [Repealed]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 Repealed, 1998 [Repealed]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 Repealed, 1998. [Repealed]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 Repealed, 1998. [Repealed]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 Repealed, 1998. [Repealed]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 Repealed, 1998. [Repealed]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-134. Coverage for medical and surgical benefits with respect to mastectomy, diagnosis and treatment of endometrioses and endometritis, and bone density testing -- Requirements for health benefit plan.
17A-135. Coverage for treatment of breast cancer.
17A-136. Coverage for cancer clinical trials.
17A-137. Repealed, 2002. [Repealed]
17A-138. Prohibition against health benefit plan excluding coverage for telehealth -- Benefits subject to deductible, co-payment, or coinsurance -- Payment subject to provider network arrangements -- Administrative regulations.
17A-139. Family or dependents coverage to apply to newly born child from moment of birth and to include inherited metabolic diseases -- Requirement for notification and payment of premium -- Coverage for milk fortifiers to prevent enterocolitis.
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-200. Prohibition against establishing certain rules of eligibility in small group, large group, or association markets -- Limitation on premium -- Participation rules -- Effect of denial of coverage -- Disclosure.
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-545. Medical director for managed care plan -- Duties -- Quality assurance or improvement standards -- Process to select health care providers -- Uniform application form and guidelines for health care provider evaluations.
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-580. Education of insured about appropriate use of emergency and medical services -- Coverage of emergency medical conditions and emergency department services -- Emergency personnel to contact primary care provider or insurer -- Exclusion of limited-benefit health insurance policies.
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-607. Duties of insurer or private review agent performing utilization reviews -- Requirement for registration -- Consequences of insurer's failure to make timely utilization review determination -- Requirement that insurer or private review agent submit changes to the department -- Requirement that private review agent provide timely notice of entities for whom it is providing review.
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-619. Duty of covered person, authorized person, or provider to provide insurer with new information regarding internal appeal -- Time frame for insurer to render a decision based on new information -- Insurer's failure to make timely determination or provide written notice.
17A-621. Independent External Review Program established.
17A-623. External review of adverse determination -- Who may request -- Criteria for review -- Fee -- Conditions under which covered person not entitled to review -- Resolution of disputes -- Confidentiality -- Expedited external review.
17A-625. Factors to be considered by independent review entity conducting external review -- Basis for decision -- Insurer's responsibilities -- Contents, admissibility, and effect of decision -- Consequence of insurer's failure to provide coverage -- Liability -- Written complaints.
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.