AN ACT relating to coverage for prosthetic and orthotic devices.

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AN ACT relating to coverage for prosthetic and orthotic devices. 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) "Cost-sharing requirement" means a deductible, coinsurance, a copayment, 6
or any other out-of-pocket expense requirement; 7
(b) "Orthotic device" or "orthosis": 8
1. Means a custom fabricated or custom fitted device that: 9
a. Is designed, fabricated, modified, or fitted to correct, support, or 10
compensate for a neuromusculoskeletal disorder or acquired 11
condition for the purpose of: 12
i. Stabilizing, stretching, or immobilizing a body part; 13
ii. Improving alignment; 14
iii. Preventing deformities; 15
iv. Protecting against injury; or 16
v. Assisting with motion or function; and 17
b. Worn on the outside of the body to help with a structural or 18
functional problem; and 19
2. Does not include: 20
a. Fabric or elastic supports; 21
b. Corsets; 22
c. Arch supports; 23
d. Low-temperature plastic splints; 24
e. Trusses; 25
f. Elastic hoses; 26
g. Canes; 27
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h. Crutches; 1
i. Soft cervical collars; 2
j. Dental appliances; or 3
k. Other similar devices that are carried in stock, and sold as over -4
the-counter items, by a drug store, departme nt store, corset shop, 5
or surgical supply facility; and 6
(c) "Prosthetic device" or "prothesis": 7
1. Means a custom designed, fabricated, fitted, modified, or fitted and 8
modified device to replace an absent external body part for purposes of 9
restoring physiological function or cosmesis or both; and 10
2. Does not include: 11
a. Artificial eyes or ears; 12
b. Dental appliances; 13
c. Cosmetic devices, including breasts, eyelashes, or wigs; or 14
d. Any other device that does not have a significant impact on 15
mobility or the musculoskeletal functions of the body. 16
(2) All health benefit plans shall provide coverage for prosthetic devices and orthotic 17
devices that are medically necessary for any of the following: 18
(a) Activities of daily living; 19
(b) Essential job-related activities; 20
(c) Personal hygiene-related activities, including but not limited to: 21
1. Showering; 22
2. Bathing; and 23
3. Toileting; or 24
(d) Physical activities, including but not limited to runn ing, biking, swimming, 25
and strength training in order to maximize the covered person's whole body 26
health, including upper and lower limb function; 27
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(3) The coverage required under this section: 1
(a) Shall include coverage for: 2
1. Three (3) prosthetic devices or orthotic devices per affected limb per 3
covered person during a three (3) year period; 4
2. All materials and components for the use of a prosthetic device or 5
orthotic device, including: 6
a. The prosthesis or orthosis; 7
b. Structural components, including the socket; 8
c. Suspension mechanisms, including the pin, lock, suction, and 9
elevated vacuum; 10
d. Hip joints, knee joints, feet, alignable parts, and terminal 11
devices; 12
e. Connective components, including pads, bands, and cushions; 13
and 14
f. Consumable items, including socks, sleeves, and liners; 15
3. Formulation of a prosthetic device's or orthotic device's design, 16
fabrication, measurements, and fittings; 17
4. Education and training on using and maintaining a prosthetic device 18
or orthotic device; 19
5. The repair of a p rosthetic device or orthotic device and its 20
components; 21
6. The replacement of a prosthetic device or orthotic device and its 22
materials and components when the device to be replaced is less than 23
three (3) years old if there is adequate documentation of: 24
a. A change in physiological condition of the covered person; 25
b. An irreparable change in the condition of the device to be 26
replaced or any of its components; or 27
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c. The device to be replaced or a component of the device to be 1
replaced requires repairs that wo uld exceed sixty percent (60%) 2
of the cost of the device; and 3
7. The replacement of a socket if there is adequate documentation of: 4
a. A physiological need, including but not limited to a change in 5
the residual limb; 6
b. A functional need change; 7
c. Irreparable damage; or 8
d. Wear and tear due to: 9
i. Excessive weight of a covered person; or 10
ii. Physical demands of an active covered person; and 11
(b) Shall not be subject to any limitation or requirement with respect to out -of-12
network coverage, including cost -sharing requirements, unless the 13
limitation or requirement is not more restrictive than the restrictions and 14
requirements applicable to ou t-of-network coverage for medical or surgical 15
benefits under the health benefit plan. 16
(3) (a) 1. By July 1, 2033, the commissioner shall submit a report to the 17
Legislative Research Commission for referral to the Interim Joint 18
Committee on Banking and Insur ance regarding the implementation 19
of the coverage required under this section. 20
2. The report required under paragraph (a) of this subsection shall 21
include but not be limited to the data provided under paragraph (b)1. 22
and 2. of this subsection. 23
(b) An insur er that offers or provides a health benefit plan shall provide the 24
commissioner with all data requested by the commissioner for the purpose 25
of completing the report required under paragraph (a) of this subsection, 26
including but not limited to the following for plans years 2027 to 2031: 27
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1. The number of claims submitted for the coverage required under this 1
section; and 2
2. The number of claims submitted for the coverage required under this 3
section that were paid. 4
(4) The commissioner shall promulgate any admi nistrative regulation in accordance 5
with KRS Chapter 13A that is necessary to implement this section. 6
(5) This section shall not be construed to prohibit a health benefit plan from 7
providing coverage that is: 8
(a) Greater than the minimum coverage required under this section; or 9
(b) Generally more favorable to the covered person than the coverage required 10
under this section. 11
Section 2. KRS 164.2871 is amended to read as follows: 12
(1) The governing board of each state postse condary educational institution is 13
authorized to purchase liability insurance for the protection of the individual 14
members of the governing board, faculty, and staff of such institutions from liability 15
for acts and omissions committed in the course and sco pe of the individual's 16
employment or service. Each institution may purchase the type and amount of 17
liability coverage deemed to best serve the interest of such institution. 18
(2) All retirement annuity allowances accrued or accruing to any employee of a stat e 19
postsecondary educational institution through a retirement program sponsored by 20
the state postsecondary educational institution are hereby exempt from any state, 21
county, or municipal tax, and shall not be subject to execution, attachment, 22
garnishment, or any other process whatsoever, nor shall any assignment thereof be 23
enforceable in any court. Except retirement benefits accrued or accruing to any 24
employee of a state postsecondary educational institution through a retirement 25
program sponsored by the state postsecondary educational institution on or after 26
January 1, 1998, shall be subject to the tax imposed by KRS 141.020, to the extent 27
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provided in KRS 141.010 and 141.0215. 1
(3) Except as provided in KRS Chapter 44, the purchase of liability insurance for 2
members of governing boards, faculty and staff of institutions of higher education 3
in this state shall not be construed to be a waiver of sovereign immunity or any 4
other immunity or privilege. 5
(4) The governing board of each state postsecondary education ins titution is authorized 6
to provide a self -insured employer group health plan to its employees, which plan 7
shall: 8
(a) Conform to the requirements of Subtitle 32 of KRS Chapter 304; and 9
(b) Except as provided in subsection (5) of this section, be exempt from 10
conformity with Subtitle 17A of KRS Chapter 304. 11
(5) A self -insured employer group health plan provided by the governing board of a 12
state postsecondary education institution to its employees shall comply with: 13
(a) KRS 304.17A-129; 14
(b) KRS 304.17A-133; 15
(c) KRS 304.17A-145; 16
(d) KRS 304.17A-163 and 304.17A-1631; 17
(e) KRS 304.17A-261; 18
(f) KRS 304.17A-262; 19
(g) KRS 304.17A-264;[ and] 20
(h) KRS 304.17A-265; and 21
(i) Section 1 of this Act. 22
(6) (a) A self-insured employer group health plan provided by the governing board of 23
a state postsecondary education institution to i ts employees shall provide a 24
special enrollment period to pregnant women who are eligible for coverage in 25
accordance with the requirements set forth in KRS 304.17-182. 26
(b) The governing board of a state postsecondary education institution shall, at or 27
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before the time an employee is initially offered the opportunity to enroll in the 1
plan or coverage, provide the employee a notice of the special enrollment 2
rights under this subsection. 3
Section 3. KRS 18A.225 is amended to read as follows: 4
(1) (a) The term "employee" for purposes of this section means: 5
1. Any person, including an elected public official, who is regularly 6
employed by any department, office, board, agency, or branch of state 7
government; or by a public postsecon dary educational institution; or by 8
any city, urban -county, charter county, county, or consolidated local 9
government, whose legislative body has opted to participate in the state -10
sponsored health insurance program pursuant to KRS 79.080; and who 11
is either a contributing member to any one (1) of the retirement systems 12
administered by the state, including but not limited to the Kentucky 13
Retirement Systems, County Employees Retirement System, Kentucky 14
Teachers' Retirement System, the Legislators' Retirement Pl an, or the 15
Judicial Retirement Plan; or is receiving a contractual contribution from 16
the state toward a retirement plan; or, in the case of a public 17
postsecondary education institution, is an individual participating in an 18
optional retirement plan authoriz ed by KRS 161.567; or is eligible to 19
participate in a retirement plan established by an employer who ceases 20
participating in the Kentucky Employees Retirement System pursuant to 21
KRS 61.522 whose employees participated in the health insurance plans 22
administered by the Personnel Cabinet prior to the employer's effective 23
cessation date in the Kentucky Employees Retirement System; 24
2. Any certified or classified employee of a local board of education or a 25
public charter school as defined in KRS 160.1590; 26
3. Any elected member of a local board of education; 27
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4. Any person who is a present or future recipient of a retirement 1
allowance from the Kentucky Retirement Systems, County Employees 2
Retirement System, Kentucky Teachers' Retirement System, the 3
Legislators' Reti rement Plan, the Judicial Retirement Plan, or the 4
Kentucky Community and Technical College System's optional 5
retirement plan authorized by KRS 161.567, except that a person who is 6
receiving a retirement allowance and who is age sixty -five (65) or older 7
shall not be included, with the exception of persons covered under KRS 8
61.702(2)(b)3. and 78.5536(2)(b)3., unless he or she is actively 9
employed pursuant to subparagraph 1. of this paragraph; and 10
5. Any eligible dependents and beneficiaries of participating e mployees 11
and retirees who are entitled to participate in the state -sponsored health 12
insurance program; 13
(b) The term "health benefit plan" for the purposes of this section means a health 14
benefit plan as defined in KRS 304.17A-005; 15
(c) The term "insurer" for the purposes of this section means an insurer as defined 16
in KRS 304.17A-005; and 17
(d) The term "managed care plan" for the purposes of this section means a 18
managed care plan as defined in KRS 304.17A-500. 19
(2) (a) The secretary of the Finance and Administra tion Cabinet, upon the 20
recommendation of the secretary of the Personnel Cabinet, shall procure, in 21
compliance with the provisions of KRS 45A.080, 45A.085, and 45A.090, 22
from one (1) or more insurers authorized to do business in this state, a group 23
health benefit plan that may include but not be limited to health maintenance 24
organization (HMO), preferred provider organization (PPO), point of service 25
(POS), and exclusive provider organization (EPO) benefit plans 26
encompassing all or any class or classes of empl oyees. With the exception of 27
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employers governed by the provisions of KRS Chapters 16, 18A, and 151B, 1
all employers of any class of employees or former employees shall enter into 2
a contract with the Personnel Cabinet prior to including that group in the sta te 3
health insurance group. The contracts shall include but not be limited to 4
designating the entity responsible for filing any federal forms, adoption of 5
policies required for proper plan administration, acceptance of the contractual 6
provisions with health insurance carriers or third -party administrators, and 7
adoption of the payment and reimbursement methods necessary for efficient 8
administration of the health insurance program. Health insurance coverage 9
provided to state employees under this section shall, at a minimum, contain 10
the same benefits as provided under Kentucky Kare Standard as of January 1, 11
1994, and shall include a mail -order drug option as provided in subsection 12
(13) of this section. All employees and other persons for whom the health care 13
coverage is provided or made available shall annually be given an option to 14
elect health care coverage through a self -funded plan offered by the 15
Commonwealth or, if a self -funded plan is not available, from a list of 16
coverage options determined by the competi tive bid process under the 17
provisions of KRS 45A.080, 45A.085, and 45A.090 and made available 18
during annual open enrollment. 19
(b) The policy or policies shall be approved by the commissioner of insurance 20
and may contain the provisions the commissioner of in surance approves, 21
whether or not otherwise permitted by the insurance laws. 22
(c) Any carrier bidding to offer health care coverage to employees shall agree to 23
provide coverage to all members of the state group, including active 24
employees and retirees and th eir eligible covered dependents and 25
beneficiaries, within the county or counties specified in its bid. Except as 26
provided in subsection (20) of this section, any carrier bidding to offer health 27
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care coverage to employees shall also agree to rate all employ ees as a single 1
entity, except for those retirees whose former employers insure their active 2
employees outside the state -sponsored health insurance program and as 3
otherwise provided in KRS 61.702(2)(b)3.b. and 78.5536(2)(b)3.b. 4
(d) Any carrier bidding to offer health care coverage to employees shall agree to 5
provide enrollment, claims, and utilization data to the Commonwealth in a 6
format specified by the Personnel Cabinet with the understanding that the data 7
shall be owned by the Com monwealth; to provide data in an electronic form 8
and within a time frame specified by the Personnel Cabinet; and to be subject 9
to penalties for noncompliance with data reporting requirements as specified 10
by the Personnel Cabinet. The Personnel Cabinet shal l take strict precautions 11
to protect the confidentiality of each individual employee; however, 12
confidentiality assertions shall not relieve a carrier from the requirement of 13
providing stipulated data to the Commonwealth. 14
(e) The Personnel Cabinet shall develop the necessary techniques and capabilities 15
for timely analysis of data received from carriers and, to the extent possible, 16
provide in the request -for-proposal specifics relating to data requirements, 17
electronic reporting, and penalties for noncomplianc e. The Commonwealth 18
shall own the enrollment, claims, and utilization data provided by each carrier 19
and shall develop methods to protect the confidentiality of the individual. The 20
Personnel Cabinet shall include in the October annual report submitted 21
pursuant to the provisions of KRS 18A.226 to the Governor, the General 22
Assembly, and the Chief Justice of the Supreme Court, an analysis of the 23
financial stability of the program, which shall include but not be limited to 24
loss ratios, methods of risk adjustment , measurements of carrier quality of 25
service, prescription coverage and cost management, and statutorily required 26
mandates. If state self -insurance was available as a carrier option, the report 27
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also shall provide a detailed financial analysis of the self -insurance fund 1
including but not limited to loss ratios, reserves, and reinsurance agreements. 2
(f) If any agency participating in the state -sponsored employee health insurance 3
program for its active employees terminates participation and there is a state 4
appropriation for the employer's contribution for active employees' health 5
insurance coverage, then neither the agency nor the employees shall receive 6
the state -funded contribution after termination from the state -sponsored 7
employee health insurance program. 8
(g) Any funds in flexible spending accounts that remain after all reimbursements 9
have been processed shall be transferred to the credit of the state -sponsored 10
health insurance plan's appropriation account. 11
(h) Each entity participating in the state-sponsored health insurance program shall 12
provide an amount at least equal to the state contribution rate for the employer 13
portion of the health insurance premium. For any participating entity that used 14
the state payroll system, the employer contribution amount s hall be equal to 15
but not greater than the state contribution rate. 16
(3) The premiums may be paid by the policyholder: 17
(a) Wholly from funds contributed by the employee, by payroll deduction or 18
otherwise; 19
(b) Wholly from funds contributed by any department, board, agency, public 20
postsecondary education institution, or branch of state, city, urban -county, 21
charter county, county, or consolidated local government; or 22
(c) Partly from each, except that any premium due for health care coverage or 23
dental coverage, i f any, in excess of the premium amount contributed by any 24
department, board, agency, postsecondary education institution, or branch of 25
state, city, urban -county, charter county, county, or consolidated local 26
government for any other health care coverage shall be paid by the employee. 27
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(4) If an employee moves his or her place of residence or employment out of the 1
service area of an insurer offering a managed health care plan, under which he or 2
she has elected coverage, into either the service area of another managed health care 3
plan or into an area of the Commonwealth not within a managed health care plan 4
service area, the employee shall be given an option, at the time of the move or 5
transfer, to change his or her coverage to another health benefit plan. 6
(5) No payment of premium by any department, board, agency, public postsecondary 7
educational institution, or branch of state, city, urban -county, charter county, 8
county, or consolidated local government shall constitute compensation to an 9
insured employee for the purposes of any statute fixing or limiting the 10
compensation of such an employee. Any premium or other expense incurred by any 11
department, board, agency, public postsecondary educational institution, or branch 12
of state, city, urban -county, charter count y, county, or consolidated local 13
government shall be considered a proper cost of administration. 14
(6) The policy or policies may contain the provisions with respect to the class or classes 15
of employees covered, amounts of insurance or coverage for designate d classes or 16
groups of employees, policy options, terms of eligibility, and continuation of 17
insurance or coverage after retirement. 18
(7) Group rates under this section shall be made available to the disabled child of an 19
employee regardless of the child's ag e if the entire premium for the disabled child's 20
coverage is paid by the state employee. A child shall be considered disabled if he or 21
she has been determined to be eligible for federal Social Security disability benefits. 22
(8) The health care contract or c ontracts for employees shall be entered into for a 23
period of not less than one (1) year. 24
(9) The secretary shall appoint thirty -two (32) persons to an Advisory Committee of 25
State Health Insurance Subscribers to advise the secretary or the secretary's 26
designee regarding the state -sponsored health insurance program for employees. 27
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The secretary shall appoint, from a list of names submitted by appointing 1
authorities, members representing school districts from each of the seven (7) 2
Supreme Court districts, membe rs representing state government from each of the 3
seven (7) Supreme Court districts, two (2) members representing retirees under age 4
sixty-five (65), one (1) member representing local health departments, two (2) 5
members representing the Kentucky Teachers' Retirement System, and three (3) 6
members at large. The secretary shall also appoint two (2) members from a list of 7
five (5) names submitted by the Kentucky Education Association, two (2) members 8
from a list of five (5) names submitted by the largest state employee organization of 9
nonschool state employees, two (2) members from a list of five (5) names submitted 10
by the Kentucky Association of Counties, two (2) members from a list of five (5) 11
names submitted by the Kentucky League of Cities, and two (2) membe rs from a 12
list of names consisting of five (5) names submitted by each state employee 13
organization that has two thousand (2,000) or more members on state payroll 14
deduction. The advisory committee shall be appointed in January of each year and 15
shall meet quarterly. 16
(10) Notwithstanding any other provision of law to the contrary, the policy or policies 17
provided to employees pursuant to this section shall not provide coverage for 18
obtaining or performing an abortion, nor shall any state funds be used for the 19
purpose of obtaining or performing an abortion on behalf of employees or their 20
dependents. 21
(11) Interruption of an established treatment regime with maintenance drugs shall be 22
grounds for an insured to appeal a formulary change through the established appeal 23
procedures approved by the Department of Insurance, if the physician supervising 24
the treatment certifies that the change is not in the best interests of the patient. 25
(12) Any employee who is eligible for and elects to participate in the state health 26
insurance program as a retiree, or the spouse or beneficiary of a retiree, under any 27
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one (1) of the state-sponsored retirement systems shall not be eligible to receive the 1
state health insurance contribution toward health care coverage as a result of any 2
other employment for which there is a public employer contribution. This does not 3
preclude a retiree and an active employee spouse from using both contributions to 4
the extent needed for purchase of one (1) state sponsored health insurance policy 5
for that plan year. 6
(13) (a) The policies of health insurance coverage procured under subsection (2) of 7
this section shall include a mail -order drug option for maintenance drugs for 8
state employees. Maintenance drugs may be dispensed by mail order in 9
accordance with Kentucky law. 10
(b) A health insurer shall not discriminate against any retail pharmacy located 11
within the geographic coverage area of the health benefit plan and that meets 12
the terms and conditions for participation established by the insurer, including 13
price, d ispensing fee, and copay requirements of a mail -order option. The 14
retail pharmacy shall not be required to dispense by mail. 15
(c) The mail -order option shall not permit the dispensing of a controlled 16
substance classified in Schedule II. 17
(14) The policy or p olicies provided to state employees or their dependents pursuant to 18
this section shall provide coverage for obtaining a hearing aid and acquiring hearing 19
aid-related services for insured individuals under eighteen (18) years of age, subject 20
to a cap of one thousand four hundred dollars ($1,400) every thirty -six (36) months 21
pursuant to KRS 304.17A-132. 22
(15) Any policy provided to state employees or their dependents pursuant to this section 23
shall provide coverage for the diagnosis and treatment of autism spec trum disorders 24
consistent with KRS 304.17A-142. 25
(16) Any policy provided to state employees or their dependents pursuant to this section 26
shall provide coverage for obtaining amino acid -based elemental formula pursuant 27
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to KRS 304.17A-258. 1
(17) If a state em ployee's residence and place of employment are in the same county, 2
and if the hospital located within that county does not offer surgical services, 3
intensive care services, obstetrical services, level II neonatal services, diagnostic 4
cardiac catheterizatio n services, and magnetic resonance imaging services, the 5
employee may select a plan available in a contiguous county that does provide 6
those services, and the state contribution for the plan shall be the amount available 7
in the county where the plan selected is located. 8
(18) If a state employee's residence and place of employment are each located in 9
counties in which the hospitals do not offer surgical services, intensive care 10
services, obstetrical services, level II neonatal services, diagnostic cardiac 11
catheterization services, and magnetic resonance imaging services, the employee 12
may select a plan available in a county contiguous to the county of residence that 13
does provide those services, and the state contribution for the plan shall be the 14
amount available in the county where the plan selected is located. 15
(19) The Personnel Cabinet is encouraged to study whether it is fair and reasonable and 16
in the best interests of the state group to allow any carrier bidding to offer health 17
care coverage under this sec tion to submit bids that may vary county by county or 18
by larger geographic areas. 19
(20) Notwithstanding any other provision of this section, the bid for proposals for health 20
insurance coverage for calendar year 2004 shall include a bid scenario that reflects 21
the statewide rating structure provided in calendar year 2003 and a bid scenario that 22
allows for a regional rat ing structure that allows carriers to submit bids that may 23
vary by region for a given product offering as described in this subsection: 24
(a) The regional rating bid scenario shall not include a request for bid on a 25
statewide option; 26
(b) The Personnel Cabine t shall divide the state into geographical regions which 27
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shall be the same as the partnership regions designated by the Department for 1
Medicaid Services for purposes of the Kentucky Health Care Partnership 2
Program established pursuant to 907 KAR 1:705; 3
(c) The request for proposal shall require a carrier's bid to include every county 4
within the region or regions for which the bid is submitted and include but not 5
be restricted to a preferred provider organization (PPO) option; 6
(d) If the Personnel Cabinet ac cepts a carrier's bid, the cabinet shall award the 7
carrier all of the counties included in its bid within the region. If the Personnel 8
Cabinet deems the bids submitted in accordance with this subsection to be in 9
the best interests of state employees in a r egion, the cabinet may award the 10
contract for that region to no more than two (2) carriers; and 11
(e) Nothing in this subsection shall prohibit the Personnel Cabinet from including 12
other requirements or criteria in the request for proposal. 13
(21) Any fully in sured health benefit plan or self -insured plan issued or renewed on or 14
after July 12, 2006, to public employees pursuant to this section which provides 15
coverage for services rendered by a physician or osteopath duly licensed under KRS 16
Chapter 311 that are within the scope of practice of an optometrist duly licensed 17
under the provisions of KRS Chapter 320 shall provide the same payment of 18
coverage to optometrists as allowed for those services rendered by physicians or 19
osteopaths. 20
(22) Any fully insured healt h benefit plan or self -insured plan issued or renewed to 21
public employees pursuant to this section shall comply with: 22
(a) KRS 304.12-237; 23
(b) KRS 304.17A-270 and 304.17A-525; 24
(c) KRS 304.17A-600 to 304.17A-633; 25
(d) KRS 205.593; 26
(e) KRS 304.17A-700 to 304.17A-730; 27
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(f) KRS 304.14-135; 1
(g) KRS 304.17A-580 and 304.17A-641; 2
(h) KRS 304.99-123; 3
(i) KRS 304.17A-138; 4
(j) KRS 304.17A-148; 5
(k) KRS 304.17A-163 and 304.17A-1631; 6
(l) KRS 304.17A-265; 7
(m) KRS 304.17A-261; 8
(n) KRS 304.17A-262; 9
(o) KRS 304.17A-145; 10
(p) KRS 304.17A-129; 11
(q) KRS 304.17A-133; 12
(r) KRS 304.17A-264;[ and] 13
(s) Section 1 of this Act; and 14
(t) Administrative regulations promulgated pursuant to statutes listed in this 15
subsection. 16
(23) (a) Any fully insured health benefit plan or self-insured plan issued or renewed to 17
public employees pursuant to this section shall provide a special enrollment 18
period to pregnant women who are eligible for coverage in accordance with 19
the requirements set forth in KRS 304.17-182. 20
(b) The Department of Employee Insurance shall, at or before the time a public 21
employee is initially offered the opportunity to enroll in the plan or coverage, 22
provide the employee a notice of the special enrollment rights under this 23
subsection. 24
Section 4. This Act applies to health benefit plans issued or renewed on or after 25
January 1, 2027. 26
Section 5. This Act takes effect January 1, 2027. 27