AN ACT relating to coverage of mental health wellness examinations.

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AN ACT relating to coverage of mental health wellness examinations. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
SECTION 1. A NEW SECTION OF SUBTITLE 17A OF KRS CHAPTER 304 3
IS CREATED TO READ AS FOLLOWS: 4
(1) As used in this section: 5
(a) "Health plan" means any of the following that offer or provide coverage in 6
this state for mental health or substance use disorder benefits: 7
1. A fully-insured health insurance policy, certificate, contract, or plan; 8
2. A self-insured employer group health plan provided by the governing 9
board of a state postsecondary education institution under KRS 10
Chapter 164; and 11
3. A fully insured health benefit plan or self -insured plan issued or 12
renewed to public employees under KRS Chapter 18A; 13
(b) "Mental health professional" means any of the following persons engaged 14
in providing mental health services: 15
1. A physician or psychiatrist licensed to practice medicine or osteopathy 16
under KRS Chapter 311; 17
2. A medical officer of the government of the United States; 18
3. A licensed psychologist, licensed psychological practitioner, certified 19
psychologist, or licensed psychological associate, licensed under KRS 20
Chapter 319; 21
4. A certified nurse practitioner or clinical nurse specialist with a 22
psychiatric, primary care, or mental health population focus licensed 23
to engage in advanced practice nursing under KRS 314.042; 24
5. A licensed clinical social worker licensed under KRS 335.100 or a 25
certified social worker licensed under KRS 335.080; 26
6. A licensed marriage and family therapist licensed under KRS 335.330 27
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or a marriage and family therapist associate holding a permit under 1
KRS 335.332; 2
7. A licensed professional clinical counselor or licensed professional 3
counselor associate, licensed under KRS 335.500 to 335.599; 4
8. A licensed professional art therapist licensed under KRS 309.133 or a 5
licensed professional art therapist associate licensed under KRS 6
309.134; 7
9. A Kentucky licensed pastoral counselor licensed under KRS 335.600 8
to 335.699; 9
10. A l icensed clinical alcohol and drug counselor, licensed clinical 10
alcohol and drug counselor associate, or certified alcohol and drug 11
counselor, licensed or certified under KRS 309.080 to 309.089; and 12
11. A physician assistant licensed under KRS 311.840 to 311.862; and 13
(c) "Mental health wellness examination" includes but is not limited to: 14
1. A behavioral health screening; 15
2. Education and consultation on healthy lifestyle changes; 16
3. Referrals to ongoing treatment, mental health services, and other 17
supports; and 18
4. Age-appropriate screenings, observations, and when appropriate, 19
relevant adult input through screenings, interviews, and questions, to 20
understand a person's mental health history, personal history, and 21
mental or cognitive state. 22
(2) To the extent permitted by federal law, all health plans shall provide coverage for 23
an annual standalone mental health wellness examination that is performed by a 24
mental health professional. 25
(3) Except as provided in subsection (4) of this section, the coverage required by this 26
section shall: 27
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(a) Be no less extensive than the coverage provided for medical and surgical 1
benefits; 2
(b) Comply with the Mental Health Parity and Addiction Equity Act of 2008, 3
codified at 42 U.S.C. sec. 300gg-26, as amended; and 4
(c) Not be subject to copayments, coinsurance, deductibles, or any other cost -5
sharing requirements. 6
(4) If the application of any requirement of this section would be the sole cause of a 7
health plan's failure to qualify as a Health Savings Account -qualified High 8
Deductible Health Plan under 26 U.S.C. sec. 223, as amended, then the 9
requirement shall not apply to that health plan until the minimum deductible 10
under 26 U.S.C. sec. 223, as amended, is satisfied. 11
(5) The commissioner shall promulgate administrative regulations in accordance 12
with KRS Chapter 13A that are necessary to enforce and effectuate this section. 13
Section 2. KRS 304.17C-125 is amended to read as follows: 14
The following shall apply to limited health service benefit plans, including any limited 15
health service contract, as defined in KRS 304.38A-010: 16
(1) KRS 304.17A-129; 17
(2) KRS 304.17A-262;[ and] 18
(3) KRS 304.17A-591 to 304.17A-599; and 19
(4) Section 1 of this Act. 20
Section 3. KRS 164.2871 is amended to read as follows: 21
(1) The governing board of each state postsecondary educational institution is 22
authorized to purchase liability insurance for the protection of the individual 23
members of the governing board, faculty, and staff of such institutions from liability 24
for acts and omissions committed in the course and scope of the individual's 25
employment or service. Each institution may purchase the type and amount of 26
liability coverage deemed to best serve the interest of such institution. 27
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(2) All retirement annuity allowances accrued or accruing to any employee of a state 1
postsecondary educational institution through a retirement program sponsored by 2
the state postsecondary educational institution are hereby exempt from any state, 3
county, or municipal tax, and shall not be subject to execution, attachment, 4
garnishment, or any other process whatsoever, nor shall any assignment thereof be 5
enforceable in any court. Except retirement benefi ts accrued or accruing to any 6
employee of a state postsecondary educational institution through a retirement 7
program sponsored by the state postsecondary educational institution on or after 8
January 1, 1998, shall be subject to the tax imposed by KRS 141.02 0, to the extent 9
provided in KRS 141.010 and 141.0215. 10
(3) Except as provided in KRS Chapter 44, the purchase of liability insurance for 11
members of governing boards, faculty and staff of institutions of higher education 12
in this state shall not be construed to be a waiver of sovereign immunity or any 13
other immunity or privilege. 14
(4) The governing board of each state postsecondary education institution is authorized 15
to provide a self -insured employer group health plan to its employees, which plan 16
shall: 17
(a) Conform to the requirements of Subtitle 32 of KRS Chapter 304; and 18
(b) Except as provided in subsection (5) of this section, be exempt from 19
conformity with Subtitle 17A of KRS Chapter 304. 20
(5) A self-insured employer group health plan provided by the govern ing board of a 21
state postsecondary education institution to its employees shall comply with: 22
(a) KRS 304.17A-129; 23
(b) KRS 304.17A-133; 24
(c) KRS 304.17A-145; 25
(d) KRS 304.17A-163 and 304.17A-1631; 26
(e) KRS 304.17A-261; 27
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(f) KRS 304.17A-262; 1
(g) KRS 304.17A-264;[ and] 2
(h) KRS 304.17A-265; and 3
(i) Section 1 of this Act. 4
(6) (a) A self-insured employer group health plan provided by the governing board of 5
a state postsecondary education institution to its employees shall provide a 6
special enrollment period to pregnant women who are eligible for coverage in 7
accordance with the requirements set forth in KRS 304.17-182. 8
(b) The governing board of a state postsecondary education institution shall, at or 9
before the time an employee is initially offered the opportunity to enroll in the 10
plan or coverage, provide the employee a notice of the special enrollment 11
rights under this subsection. 12
Section 4. KRS 18A.225 is amended to read as follows: 13
(1) (a) The term "employee" for purposes of this section means: 14
1. Any person, including an elected public official, who is regularly 15
employed by any department, office, board, agency, or branch of state 16
government; or by a public postsecondary educational institution; or by 17
any city, urban -county, charter county, county, or consolidated local 18
government, whose legislative body has opted to participate in the state -19
sponsored health insurance program pursuant to KRS 79.080; and who 20
is either a contributing member to any one (1) of the retirement systems 21
administered by the state, including but not limited to the Kentucky 22
Retirement Systems, County Employees Retirement System, Kentucky 23
Teachers' Retirement System, the Legislators' Retirement Plan, or the 24
Judicial Retirement Plan; or is receiving a contractual contribution fro m 25
the state toward a retirement plan; or, in the case of a public 26
postsecondary education institution, is an individual participating in an 27
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optional retirement plan authorized by KRS 161.567; or is eligible to 1
participate in a retirement plan established b y an employer who ceases 2
participating in the Kentucky Employees Retirement System pursuant to 3
KRS 61.522 whose employees participated in the health insurance plans 4
administered by the Personnel Cabinet prior to the employer's effective 5
cessation date in the Kentucky Employees Retirement System; 6
2. Any certified or classified employee of a local board of education or a 7
public charter school as defined in KRS 160.1590; 8
3. Any elected member of a local board of education; 9
4. Any person who is a present or fut ure recipient of a retirement 10
allowance from the Kentucky Retirement Systems, County Employees 11
Retirement System, Kentucky Teachers' Retirement System, the 12
Legislators' Retirement Plan, the Judicial Retirement Plan, or the 13
Kentucky Community and Technical College System's optional 14
retirement plan authorized by KRS 161.567, except that a person who is 15
receiving a retirement allowance and who is age sixty -five (65) or older 16
shall not be included, with the exception of persons covered under KRS 17
61.702(2)(b)3. and 78.5536(2)(b)3., unless he or she is actively 18
employed pursuant to subparagraph 1. of this paragraph; and 19
5. Any eligible dependents and beneficiaries of participating employees 20
and retirees who are entitled to participate in the state -sponsored health 21
insurance program; 22
(b) The term "health benefit plan" for the purposes of this section means a health 23
benefit plan as defined in KRS 304.17A-005; 24
(c) The term "insurer" for the purposes of this section means an insurer as defined 25
in KRS 304.17A-005; and 26
(d) The term "managed care plan" for the purposes of this section means a 27
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managed care plan as defined in KRS 304.17A-500. 1
(2) (a) The secretary of the Finance and Administration Cabinet, upon the 2
recommendation of the secretary of the Personnel Cabinet, sh all procure, in 3
compliance with the provisions of KRS 45A.080, 45A.085, and 45A.090, 4
from one (1) or more insurers authorized to do business in this state, a group 5
health benefit plan that may include but not be limited to health maintenance 6
organization (HMO), preferred provider organization (PPO), point of service 7
(POS), and exclusive provider organization (EPO) benefit plans 8
encompassing all or any class or classes of employees. With the exception of 9
employers governed by the provisions of KRS Chapters 1 6, 18A, and 151B, 10
all employers of any class of employees or former employees shall enter into 11
a contract with the Personnel Cabinet prior to including that group in the state 12
health insurance group. The contracts shall include but not be limited to 13
designating the entity responsible for filing any federal forms, adoption of 14
policies required for proper plan administration, acceptance of the contractual 15
provisions with health insurance carriers or third -party administrators, and 16
adoption of the payment and reimbursement methods necessary for efficient 17
administration of the health insurance program. Health insurance coverage 18
provided to state employees under this section shall, at a minimum, contain 19
the same benefits as provided under Kentucky Kare Standard a s of January 1, 20
1994, and shall include a mail -order drug option as provided in subsection 21
(13) of this section. All employees and other persons for whom the health care 22
coverage is provided or made available shall annually be given an option to 23
elect heal th care coverage through a self -funded plan offered by the 24
Commonwealth or, if a self -funded plan is not available, from a list of 25
coverage options determined by the competitive bid process under the 26
provisions of KRS 45A.080, 45A.085, and 45A.090 and made available 27
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during annual open enrollment. 1
(b) The policy or policies shall be approved by the commissioner of insurance 2
and may contain the provisions the commissioner of insurance approves, 3
whether or not otherwise permitted by the insurance laws. 4
(c) Any carrier bidding to offer health care coverage to employees shall agree to 5
provide coverage to all members of the state group, including active 6
employees and retirees and their eligible covered dependents and 7
beneficiaries, within the county or counties sp ecified in its bid. Except as 8
provided in subsection (20) of this section, any carrier bidding to offer health 9
care coverage to employees shall also agree to rate all employees as a single 10
entity, except for those retirees whose former employers insure the ir active 11
employees outside the state -sponsored health insurance program and as 12
otherwise provided in KRS 61.702(2)(b)3.b. and 78.5536(2)(b)3.b. 13
(d) Any carrier bidding to offer health care coverage to employees shall agree to 14
provide enrollment, claims, a nd utilization data to the Commonwealth in a 15
format specified by the Personnel Cabinet with the understanding that the data 16
shall be owned by the Commonwealth; to provide data in an electronic form 17
and within a time frame specified by the Personnel Cabinet ; and to be subject 18
to penalties for noncompliance with data reporting requirements as specified 19
by the Personnel Cabinet. The Personnel Cabinet shall take strict precautions 20
to protect the confidentiality of each individual employee; however, 21
confidentiality assertions shall not relieve a carrier from the requirement of 22
providing stipulated data to the Commonwealth. 23
(e) The Personnel Cabinet shall develop the necessary techniques and capabilities 24
for timely analysis of data received from carriers and, to t he extent possible, 25
provide in the request -for-proposal specifics relating to data requirements, 26
electronic reporting, and penalties for noncompliance. The Commonwealth 27
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shall own the enrollment, claims, and utilization data provided by each carrier 1
and shall develop methods to protect the confidentiality of the individual. The 2
Personnel Cabinet shall include in the October annual report submitted 3
pursuant to the provisions of KRS 18A.226 to the Governor, the General 4
Assembly, and the Chief Justice of the Su preme Court, an analysis of the 5
financial stability of the program, which shall include but not be limited to 6
loss ratios, methods of risk adjustment, measurements of carrier quality of 7
service, prescription coverage and cost management, and statutorily re quired 8
mandates. If state self -insurance was available as a carrier option, the report 9
also shall provide a detailed financial analysis of the self -insurance fund 10
including but not limited to loss ratios, reserves, and reinsurance agreements. 11
(f) If any ag ency participating in the state -sponsored employee health insurance 12
program for its active employees terminates participation and there is a state 13
appropriation for the employer's contribution for active employees' health 14
insurance coverage, then neither t he agency nor the employees shall receive 15
the state -funded contribution after termination from the state -sponsored 16
employee health insurance program. 17
(g) Any funds in flexible spending accounts that remain after all reimbursements 18
have been processed shall be transferred to the credit of the state -sponsored 19
health insurance plan's appropriation account. 20
(h) Each entity participating in the state-sponsored health insurance program shall 21
provide an amount at least equal to the state contribution rate for the employer 22
portion of the health insurance premium. For any participating entity that used 23
the state payroll system, the employer contribution amount shall be equal to 24
but not greater than the state contribution rate. 25
(3) The premiums may be paid by the policyholder: 26
(a) Wholly from funds contributed by the employee, by payroll deduction or 27
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otherwise; 1
(b) Wholly from funds contributed by any department, board, agency, public 2
postsecondary education institution, or branch of state, city, urban -county, 3
charter county, county, or consolidated local government; or 4
(c) Partly from each, except that any premium due for health care coverage or 5
dental coverage, if any, in excess of the premium amount contributed by any 6
department, board, agency, postsecondary educatio n institution, or branch of 7
state, city, urban -county, charter county, county, or consolidated local 8
government for any other health care coverage shall be paid by the employee. 9
(4) If an employee moves his or her place of residence or employment out of th e 10
service area of an insurer offering a managed health care plan, under which he or 11
she has elected coverage, into either the service area of another managed health care 12
plan or into an area of the Commonwealth not within a managed health care plan 13
service area, the employee shall be given an option, at the time of the move or 14
transfer, to change his or her coverage to another health benefit plan. 15
(5) No payment of premium by any department, board, agency, public postsecondary 16
educational institution, or br anch of state, city, urban -county, charter county, 17
county, or consolidated local government shall constitute compensation to an 18
insured employee for the purposes of any statute fixing or limiting the 19
compensation of such an employee. Any premium or other e xpense incurred by any 20
department, board, agency, public postsecondary educational institution, or branch 21
of state, city, urban -county, charter county, county, or consolidated local 22
government shall be considered a proper cost of administration. 23
(6) The policy or policies may contain the provisions with respect to the class or classes 24
of employees covered, amounts of insurance or coverage for designated classes or 25
groups of employees, policy options, terms of eligibility, and continuation of 26
insurance or coverage after retirement. 27
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(7) Group rates under this section shall be made available to the disabled child of an 1
employee regardless of the child's age if the entire premium for the disabled child's 2
coverage is paid by the state employee. A child shall be considered disabled if he or 3
she has been determined to be eligible for federal Social Security disability benefits. 4
(8) The health care contract or contracts for employees shall be entered into for a 5
period of not less than one (1) year. 6
(9) The secretary shall appoint thirty -two (32) persons to an Advisory Committee of 7
State Health Insurance Subscribers to advise the secretary or the secretary's 8
designee regarding the state -sponsored health insurance program for employees. 9
The secretary shall appoint, from a list of names submitted by appointing 10
authorities, members representing school districts from each of the seven (7) 11
Supreme Court districts, members representing state government from each of the 12
seven (7) Supreme Court districts, two (2) members repres enting retirees under age 13
sixty-five (65), one (1) member representing local health departments, two (2) 14
members representing the Kentucky Teachers' Retirement System, and three (3) 15
members at large. The secretary shall also appoint two (2) members from a list of 16
five (5) names submitted by the Kentucky Education Association, two (2) members 17
from a list of five (5) names submitted by the largest state employee organization of 18
nonschool state employees, two (2) members from a list of five (5) names submitted 19
by the Kentucky Association of Counties, two (2) members from a list of five (5) 20
names submitted by the Kentucky League of Cities, and two (2) members from a 21
list of names consisting of five (5) names submitted by each state employee 22
organization that has two thousand (2,000) or more members on state payroll 23
deduction. The advisory committee shall be appointed in January of each year and 24
shall meet quarterly. 25
(10) Notwithstanding any other provision of law to the contrary, the policy or policies 26
provided to employees pursuant to this section shall not provide coverage for 27
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obtaining or performing an abortion, nor shall any state funds be used for the 1
purpose of obtai ning or performing an abortion on behalf of employees or their 2
dependents. 3
(11) Interruption of an established treatment regime with maintenance drugs shall be 4
grounds for an insured to appeal a formulary change through the established appeal 5
procedures approved by the Department of Insurance, if the physician supervising 6
the treatment certifies that the change is not in the best interests of the patient. 7
(12) Any employee who is eligible for and elects to participate in the state health 8
insurance program a s a retiree, or the spouse or beneficiary of a retiree, under any 9
one (1) of the state-sponsored retirement systems shall not be eligible to receive the 10
state health insurance contribution toward health care coverage as a result of any 11
other employment for which there is a public employer contribution. This does not 12
preclude a retiree and an active employee spouse from using both contributions to 13
the extent needed for purchase of one (1) state sponsored health insurance policy 14
for that plan year. 15
(13) (a) The policies of health insurance coverage procured under subsection (2) of 16
this section shall include a mail -order drug option for maintenance drugs for 17
state employees. Maintenance drugs may be dispensed by mail order in 18
accordance with Kentucky law. 19
(b) A health insurer shall not discriminate against any retail pharmacy located 20
within the geographic coverage area of the health benefit plan and that meets 21
the terms and conditions for participation established by the insurer, including 22
price, dispensing fee, and copay requirements of a mail -order option. The 23
retail pharmacy shall not be required to dispense by mail. 24
(c) The mail -order option shall not permit the dispensing of a controlled 25
substance classified in Schedule II. 26
(14) The policy or policies provid ed to state employees or their dependents pursuant to 27
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this section shall provide coverage for obtaining a hearing aid and acquiring hearing 1
aid-related services for insured individuals under eighteen (18) years of age, subject 2
to a cap of one thousand four hundred dollars ($1,400) every thirty-six (36) months 3
pursuant to KRS 304.17A-132. 4
(15) Any policy provided to state employees or their dependents pursuant to this section 5
shall provide coverage for the diagnosis and treatment of autism spectrum disorders 6
consistent with KRS 304.17A-142. 7
(16) Any policy provided to state employees or their dependents pursuant to this section 8
shall provide coverage for obtaining amino acid -based elemental formula pursuant 9
to KRS 304.17A-258. 10
(17) If a state employee's resid ence and place of employment are in the same county, 11
and if the hospital located within that county does not offer surgical services, 12
intensive care services, obstetrical services, level II neonatal services, diagnostic 13
cardiac catheterization services, an d magnetic resonance imaging services, the 14
employee may select a plan available in a contiguous county that does provide 15
those services, and the state contribution for the plan shall be the amount available 16
in the county where the plan selected is located. 17
(18) If a state employee's residence and place of employment are each located in 18
counties in which the hospitals do not offer surgical services, intensive care 19
services, obstetrical services, level II neonatal services, diagnostic cardiac 20
catheterization services, and magnetic resonance imaging services, the employee 21
may select a plan available in a county contiguous to the county of residence that 22
does provide those services, and the state contribution for the plan shall be the 23
amount available in the county where the plan selected is located. 24
(19) The Personnel Cabinet is encouraged to study whether it is fair and reasonable and 25
in the best interests of the state group to allow any carrier bidding to offer health 26
care coverage under this section to submit bids that may vary county by county or 27
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by larger geographic areas. 1
(20) Notwithstanding any other provision of this section, the bid for proposals for health 2
insurance coverage for calendar year 2004 shall include a bid scenario that reflects 3
the statewide rating structure provided in calendar year 2003 and a bid scenario that 4
allows for a regional rating structure that allows carriers to submit bids that may 5
vary by region for a given product offering as described in this subsection: 6
(a) The regional rati ng bid scenario shall not include a request for bid on a 7
statewide option; 8
(b) The Personnel Cabinet shall divide the state into geographical regions which 9
shall be the same as the partnership regions designated by the Department for 10
Medicaid Services for purposes of the Kentucky Health Care Partnership 11
Program established pursuant to 907 KAR 1:705; 12
(c) The request for proposal shall require a carrier's bid to include every county 13
within the region or regions for which the bid is submitted and include but n ot 14
be restricted to a preferred provider organization (PPO) option; 15
(d) If the Personnel Cabinet accepts a carrier's bid, the cabinet shall award the 16
carrier all of the counties included in its bid within the region. If the Personnel 17
Cabinet deems the bids submitted in accordance with this subsection to be in 18
the best interests of state employees in a region, the cabinet may award the 19
contract for that region to no more than two (2) carriers; and 20
(e) Nothing in this subsection shall prohibit the Personnel C abinet from including 21
other requirements or criteria in the request for proposal. 22
(21) Any fully insured health benefit plan or self -insured plan issued or renewed on or 23
after July 12, 2006, to public employees pursuant to this section which provides 24
coverage for services rendered by a physician or osteopath duly licensed under KRS 25
Chapter 311 that are within the scope of practice of an optometrist duly licensed 26
under the provisions of KRS Chapter 320 shall provide the same payment of 27
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coverage to optometris ts as allowed for those services rendered by physicians or 1
osteopaths. 2
(22) Any fully insured health benefit plan or self -insured plan issued or renewed to 3
public employees pursuant to this section shall comply with: 4
(a) KRS 304.12-237; 5
(b) KRS 304.17A-270 and 304.17A-525; 6
(c) KRS 304.17A-600 to 304.17A-633; 7
(d) KRS 205.593; 8
(e) KRS 304.17A-700 to 304.17A-730; 9
(f) KRS 304.14-135; 10
(g) KRS 304.17A-580 and 304.17A-641; 11
(h) KRS 304.99-123; 12
(i) KRS 304.17A-138; 13
(j) KRS 304.17A-148; 14
(k) KRS 304.17A-163 and 304.17A-1631; 15
(l) KRS 304.17A-265; 16
(m) KRS 304.17A-261; 17
(n) KRS 304.17A-262; 18
(o) KRS 304.17A-145; 19
(p) KRS 304.17A-129; 20
(q) KRS 304.17A-133; 21
(r) KRS 304.17A-264;[ and] 22
(s) Section 1 of this Act; and 23
(t) Administrative regulations promulg ated pursuant to statutes listed in this 24
subsection. 25
(23) (a) Any fully insured health benefit plan or self-insured plan issued or renewed to 26
public employees pursuant to this section shall provide a special enrollment 27
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period to pregnant women who are elig ible for coverage in accordance with 1
the requirements set forth in KRS 304.17-182. 2
(b) The Department of Employee Insurance shall, at or before the time a public 3
employee is initially offered the opportunity to enroll in the plan or coverage, 4
provide the e mployee a notice of the special enrollment rights under this 5
subsection. 6
Section 5. The purpose of Section 1 of this Act is to require health insurance 7
coverage for mental health wellness exams in an effort to promote gr eater utilization of 8
such exams and strengthen the mental health of the citizens of Kentucky. 9
Section 6. This Act applies to health plans issued or renewed on or after the 10
effective date of this Act. 11
Section 7. Section 1 of this Act may be cited as the Kentucky Mental Health 12
Wellness Act. 13
Section 8. This Act takes effect January 1, 2027. 14