AN ACT relating to coverage for prescription drugs.

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AN ACT relating to coverage for prescription drugs. 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) "Biosimilar" means any biological product that is: 6
1. Licensed under 42 U.S.C. sec. 262(k); and 7
2. Listed in the FDA's Database of Licensed Biological Products, also 8
referred to as the Purple Book, as biosimilar to or interchangeable 9
with a reference biological product; 10
(b) "Brand drug" means: 11
1. A drug for which an application has been approved under 2 1 U.S.C. 12
sec. 355(c); or 13
2. A biological product, other than a biosimilar, that is licensed under 42 14
U.S.C. sec. 262(a); 15
(c) "FDA" means the United States Food and Drug Administration; 16
(d) "Formulary" means a list of prescription drugs that: 17
1. Is developed by: 18
a. A Pharmacy and Therapeutics Committee; or 19
b. Other clinical or pharmacy experts; and 20
2. Represents a health plan's prescription drugs approved for use; 21
(e) "Generic drug" means a drug: 22
1. For which an application has been approved under 21 U.S.C. 355(j); 23
and 24
2. Which is listed in the FDA's Approved Drug Products with 25
Therapeutic Equivalence Evaluations, also referred to as the Orange 26
Book, as therapeutically equivalent to a reference listed drug, even if 27
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the manufacturer of the drug applies a trade name to the drug; 1
(f) "Health plan": 2
1. Means any policy, certificate, contract, or plan that offers or provides 3
coverage in this state for prescription drugs: 4
a. By direct payment, reimbursement, or otherwise; and 5
b. On a fully insured or self -insured ba sis or any combination 6
thereof; and 7
2. Includes a health benefit plan; 8
(g) "Reference listed drug" means the listed drug identified by the FDA as the 9
drug product upon which an applicant relies in seeking approval of its 10
application submitted under 21 U.S.C. sec. 355(j); 11
(h) "Reference product" means a single biological product: 12
1. That is licensed by the FDA under 42 U.S.C. sec. 262(a); 13
2. Against which a proposed biosimilar or interchangeable product is 14
compared; and 15
3. That is listed as a reference produ ct in the FDA's Database of 16
Licensed Biological Products, also referred to as the Purple Book; and 17
(i) "Wholesale acquisition cost" has the same meaning as in 42 U.S.C. sec. 18
1395w-3a(c)(6)(B). 19
(2) (a) If a generic drug is marketed pursuant to its FDA appro val and has a 20
wholesale acquisition cost that is less than the wholesale acquisition cost of 21
the reference listed drug on the generic drug's initial date of marketing, a 22
health plan that provides coverage for the generic drug's reference listed 23
drug at the time of the generic drug's marketing date shall: 24
1. Immediately make the generic drug available on any formulary used 25
by the health plan with more favorable cost -sharing requirements, 26
including actual out -of-pocket costs, than the cost -sharing 27
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requirements for the reference listed drug; and 1
2. Not impose: 2
a. Any prior authorization, step therapy, or any other limitation on 3
coverage of the generic drug; or 4
b. Any restriction on a pharmacist or pharmacy through which an 5
insured may obtain the generic drug that makes it more difficult 6
for the insured to obtain coverage or access to the generic drug 7
than the reference listed drug. 8
(b) Paragraph (a) of this subsect ion shall apply as long as the wholesale 9
acquisition cost of the generic drug is lower than the wholesale acquisition 10
cost of the reference listed drug. 11
(3) (a) If a biosimilar is marketed pursuant to its FDA license and has a wholesale 12
acquisition cost th at is less than the wholesale acquisition cost of the 13
biosimilar's reference product on the initial date of marketing, a health plan 14
that provides coverage for the biosimilar's reference product at the time of 15
the biosimilar's marketing date shall: 16
1. Immediately make at least one (1) biosimilar available on any 17
formulary used by the health plan with more favorable cost -sharing 18
requirements, including actual out -of-pocket costs, than the cost -19
sharing requirements for the reference product; and 20
2. Not impose: 21
a. Any prior authorization, step therapy, or any other limitation on 22
coverage of the biosimilar placed on the formulary under this 23
paragraph; or 24
b. Any restriction on a pharmacist or pharmacy through which an 25
insured may obtain a biosimilar placed on the formulary under 26
this paragraph that makes it more difficult for the insured to 27
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obtain coverage or access to the biosimilar than the reference 1
product. 2
(b) Paragraph (a) of this subsection shall apply as long as the wholesale 3
acquisition cost of the biosim ilar is lower than the wholesale acquisition 4
cost of the reference product. 5
(4) This section shall not: 6
(a) Require a health plan to: 7
1. Continue providing coverage for a brand drug after a generic drug or 8
biosimilar is: 9
a. Approved or licensed, as applicable; and 10
b. Marketed; or 11
2. Provide coverage for a brand drug, generic drug, or biosimilar if a 12
pharmacy and therapeutics committee or other clinical and pharmacy 13
experts that develop the plan's formulary determine that the drug or 14
biosimilar is no longer medically appropriate or cost effective; or 15
(b) Interfere with a pharmacist's or pharmacy's compliance with KRS Chapter 16
315. 17
Section 2. KRS 304.17C-125 is amended to read as follows: 18
The following shall apply to limited health service benefit plans, including any limited 19
health service contract, as defined in KRS 304.38A-010: 20
(1) KRS 304.17A-129; 21
(2) KRS 304.17A-262;[ and] 22
(3) KRS 304.17A-591 to 304.17A-599; and 23
(4) Section 1 of this Act. 24
Section 3. KRS 164.2871 is amended to read as follows: 25
(1) The governing board of each state postsecondary educational institution is 26
authorized to purchase liability insurance for the protection of the individual 27
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members of the governing board, faculty, and staff of such institutions from liability 1
for acts and o missions committed in the course and scope of the individual's 2
employment or service. Each institution may purchase the type and amount of 3
liability coverage deemed to best serve the interest of such institution. 4
(2) All retirement annuity allowances accru ed or accruing to any employee of a state 5
postsecondary educational institution through a retirement program sponsored by 6
the state postsecondary educational institution are hereby exempt from any state, 7
county, or municipal tax, and shall not be subject t o execution, attachment, 8
garnishment, or any other process whatsoever, nor shall any assignment thereof be 9
enforceable in any court. Except retirement benefits accrued or accruing to any 10
employee of a state postsecondary educational institution through a r etirement 11
program sponsored by the state postsecondary educational institution on or after 12
January 1, 1998, shall be subject to the tax imposed by KRS 141.020, to the extent 13
provided in KRS 141.010 and 141.0215. 14
(3) Except as provided in KRS Chapter 44, th e purchase of liability insurance for 15
members of governing boards, faculty and staff of institutions of higher education 16
in this state shall not be construed to be a waiver of sovereign immunity or any 17
other immunity or privilege. 18
(4) The governing board of each state postsecondary education institution is authorized 19
to provide a self -insured employer group health plan to its employees, which plan 20
shall: 21
(a) Conform to the requirements of Subtitle 32 of KRS Chapter 304; and 22
(b) Except as provided in subsect ion (5) of this section, be exempt from 23
conformity with Subtitle 17A of KRS Chapter 304. 24
(5) A self-insured employer group health plan provided by the governing board of a 25
state postsecondary education institution to its employees shall comply with: 26
(a) KRS 304.17A-129; 27
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(b) KRS 304.17A-133; 1
(c) KRS 304.17A-145; 2
(d) KRS 304.17A-163 and 304.17A-1631; 3
(e) KRS 304.17A-261; 4
(f) KRS 304.17A-262; 5
(g) KRS 304.17A-264;[ and] 6
(h) KRS 304.17A-265; and 7
(i) Section 1 of this Act. 8
(6) (a) A self-insured employer group health plan provided by the governing board of 9
a state postsecondary education institution to its employees shall provide a 10
special enrollment period to pregnant women who are eligible for coverage in 11
accordance with the requirements set forth in KRS 304.17-182. 12
(b) The governing board of a state postsecondary education institution shall, at or 13
before the time an employee is initially offered the opportunity to enroll in the 14
plan or coverage, provide the employee a notice of the special enrollment 15
rights under this subsection. 16
Section 4. KRS 18A.225 is amended to read as follows: 17
(1) (a) The term "employee" for purposes of this section means: 18
1. Any person, including an elected public official, who is regularly 19
employed by a ny department, office, board, agency, or branch of state 20
government; or by a public postsecondary educational institution; or by 21
any city, urban -county, charter county, county, or consolidated local 22
government, whose legislative body has opted to participa te in the state-23
sponsored health insurance program pursuant to KRS 79.080; and who 24
is either a contributing member to any one (1) of the retirement systems 25
administered by the state, including but not limited to the Kentucky 26
Retirement Systems, County Empl oyees Retirement System, Kentucky 27
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Teachers' Retirement System, the Legislators' Retirement Plan, or the 1
Judicial Retirement Plan; or is receiving a contractual contribution from 2
the state toward a retirement plan; or, in the case of a public 3
postsecondary education institution, is an individual participating in an 4
optional retirement plan authorized by KRS 161.567; or is eligible to 5
participate in a retirement plan established by an employer who ceases 6
participating in the Kentucky Employees Retirement Syst em pursuant to 7
KRS 61.522 whose employees participated in the health insurance plans 8
administered by the Personnel Cabinet prior to the employer's effective 9
cessation date in the Kentucky Employees Retirement System; 10
2. Any certified or classified employee of a local board of education or a 11
public charter school as defined in KRS 160.1590; 12
3. Any elected member of a local board of education; 13
4. Any person who is a present or future recipient of a retirement 14
allowance from the Kentucky Retirement Systems, Co unty Employees 15
Retirement System, Kentucky Teachers' Retirement System, the 16
Legislators' Retirement Plan, the Judicial Retirement Plan, or the 17
Kentucky Community and Technical College System's optional 18
retirement plan authorized by KRS 161.567, except that a person who is 19
receiving a retirement allowance and who is age sixty -five (65) or older 20
shall not be included, with the exception of persons covered under KRS 21
61.702(2)(b)3. and 78.5536(2)(b)3., unless he or she is actively 22
employed pursuant to subparagraph 1. of this paragraph; and 23
5. Any eligible dependents and beneficiaries of participating employees 24
and retirees who are entitled to participate in the state -sponsored health 25
insurance program; 26
(b) The term "health benefit plan" for the purposes of this section means a health 27
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benefit plan as defined in KRS 304.17A-005; 1
(c) The term "insurer" for the purposes of this section means an insurer as defined 2
in KRS 304.17A-005; and 3
(d) The term "managed car e plan" for the purposes of this section means a 4
managed care plan as defined in KRS 304.17A-500. 5
(2) (a) The secretary of the Finance and Administration Cabinet, upon the 6
recommendation of the secretary of the Personnel Cabinet, shall procure, in 7
compliance with the provisions of KRS 45A.080, 45A.085, and 45A.090, 8
from one (1) or more insurers authorized to do business in this state, a group 9
health benefit plan that may include but not be limited to health maintenance 10
organization (HMO), preferred provider organization (PPO), point of service 11
(POS), and exclusive provider organization (EPO) benefit plans 12
encompassing all or any class or classes of employees. With the exception of 13
employers governed by the provisions of KRS Chapters 16, 18A, and 151B, 14
all employers of any class of employees or former employees shall enter into 15
a contract with the Personnel Cabinet prior to including that group in the state 16
health insurance group. The contracts shall include but not be limited to 17
designating the entity respons ible for filing any federal forms, adoption of 18
policies required for proper plan administration, acceptance of the contractual 19
provisions with health insurance carriers or third -party administrators, and 20
adoption of the payment and reimbursement methods ne cessary for efficient 21
administration of the health insurance program. Health insurance coverage 22
provided to state employees under this section shall, at a minimum, contain 23
the same benefits as provided under Kentucky Kare Standard as of January 1, 24
1994, an d shall include a mail -order drug option as provided in subsection 25
(13) of this section. All employees and other persons for whom the health care 26
coverage is provided or made available shall annually be given an option to 27
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elect health care coverage through a self -funded plan offered by the 1
Commonwealth or, if a self -funded plan is not available, from a list of 2
coverage options determined by the competitive bid process under the 3
provisions of KRS 45A.080, 45A.085, and 45A.090 and made available 4
during annual open enrollment. 5
(b) The policy or policies shall be approved by the commissioner of insurance 6
and may contain the provisions the commissioner of insurance approves, 7
whether or not otherwise permitted by the insurance laws. 8
(c) Any carrier bidding to offe r health care coverage to employees shall agree to 9
provide coverage to all members of the state group, including active 10
employees and retirees and their eligible covered dependents and 11
beneficiaries, within the county or counties specified in its bid. Exce pt as 12
provided in subsection (20) of this section, any carrier bidding to offer health 13
care coverage to employees shall also agree to rate all employees as a single 14
entity, except for those retirees whose former employers insure their active 15
employees outs ide the state -sponsored health insurance program and as 16
otherwise provided in KRS 61.702(2)(b)3.b. and 78.5536(2)(b)3.b. 17
(d) Any carrier bidding to offer health care coverage to employees shall agree to 18
provide enrollment, claims, and utilization data to t he Commonwealth in a 19
format specified by the Personnel Cabinet with the understanding that the data 20
shall be owned by the Commonwealth; to provide data in an electronic form 21
and within a time frame specified by the Personnel Cabinet; and to be subject 22
to penalties for noncompliance with data reporting requirements as specified 23
by the Personnel Cabinet. The Personnel Cabinet shall take strict precautions 24
to protect the confidentiality of each individual employee; however, 25
confidentiality assertions shall not relieve a carrier from the requirement of 26
providing stipulated data to the Commonwealth. 27
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(e) The Personnel Cabinet shall develop the necessary techniques and capabilities 1
for timely analysis of data received from carriers and, to the extent possible, 2
provide in the request -for-proposal specifics relating to data requirements, 3
electronic reporting, and penalties for noncompliance. The Commonwealth 4
shall own the enrollment, claims, and utilization data provided by each carrier 5
and shall develop methods to pr otect the confidentiality of the individual. The 6
Personnel Cabinet shall include in the October annual report submitted 7
pursuant to the provisions of KRS 18A.226 to the Governor, the General 8
Assembly, and the Chief Justice of the Supreme Court, an analysis of the 9
financial stability of the program, which shall include but not be limited to 10
loss ratios, methods of risk adjustment, measurements of carrier quality of 11
service, prescription coverage and cost management, and statutorily required 12
mandates. If stat e self-insurance was available as a carrier option, the report 13
also shall provide a detailed financial analysis of the self -insurance fund 14
including but not limited to loss ratios, reserves, and reinsurance agreements. 15
(f) If any agency participating in th e state-sponsored employee health insurance 16
program for its active employees terminates participation and there is a state 17
appropriation for the employer's contribution for active employees' health 18
insurance coverage, then neither the agency nor the employ ees shall receive 19
the state -funded contribution after termination from the state -sponsored 20
employee health insurance program. 21
(g) Any funds in flexible spending accounts that remain after all reimbursements 22
have been processed shall be transferred to the c redit of the state -sponsored 23
health insurance plan's appropriation account. 24
(h) Each entity participating in the state-sponsored health insurance program shall 25
provide an amount at least equal to the state contribution rate for the employer 26
portion of the health insurance premium. For any participating entity that used 27
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the state payroll system, the employer contribution amount shall be equal to 1
but not greater than the state contribution rate. 2
(3) The premiums may be paid by the policyholder: 3
(a) Wholly fro m funds contributed by the employee, by payroll deduction or 4
otherwise; 5
(b) Wholly from funds contributed by any department, board, agency, public 6
postsecondary education institution, or branch of state, city, urban -county, 7
charter county, county, or consolidated local government; or 8
(c) Partly from each, except that any premium due for health care coverage or 9
dental coverage, if any, in excess of the premium amount contributed by any 10
department, board, agency, postsecondary education institution, or branch of 11
state, city, urban -county, charter county, county, or consolidated local 12
government for any other health care coverage shall be paid by the employee. 13
(4) If an employee moves his or her place of residence or employment out of the 14
service area of an ins urer offering a managed health care plan, under which he or 15
she has elected coverage, into either the service area of another managed health care 16
plan or into an area of the Commonwealth not within a managed health care plan 17
service area, the employee shal l be given an option, at the time of the move or 18
transfer, to change his or her coverage to another health benefit plan. 19
(5) No payment of premium by any department, board, agency, public postsecondary 20
educational institution, or branch of state, city, urb an-county, charter county, 21
county, or consolidated local government shall constitute compensation to an 22
insured employee for the purposes of any statute fixing or limiting the 23
compensation of such an employee. Any premium or other expense incurred by any 24
department, board, agency, public postsecondary educational institution, or branch 25
of state, city, urban -county, charter county, county, or consolidated local 26
government shall be considered a proper cost of administration. 27
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(6) The policy or policies may contain the provisions with respect to the class or classes 1
of employees covered, amounts of insurance or coverage for designated classes or 2
groups of employees, policy options, terms of eligibility, and continuation of 3
insurance or coverage after retirement. 4
(7) Group rates under this section shall be made available to the disabled child of an 5
employee regardless of the child's age if the entire premium for the disabled child's 6
coverage is paid by the state employee. A child shall be considered disabled if he or 7
she has been determined to be eligible for federal Social Security disability benefits. 8
(8) The health care contract or contracts for employees shall be entered into for a 9
period of not less than one (1) year. 10
(9) The secretary shall appoint thirty -two (32) persons to an Advisory Committee of 11
State Health Insurance Subscribers to advise the secretary or the secretary's 12
designee regarding the state -sponsored health insurance program for employees. 13
The secretary shall appoint, from a list of names submitt ed by appointing 14
authorities, members representing school districts from each of the seven (7) 15
Supreme Court districts, members representing state government from each of the 16
seven (7) Supreme Court districts, two (2) members representing retirees under ag e 17
sixty-five (65), one (1) member representing local health departments, two (2) 18
members representing the Kentucky Teachers' Retirement System, and three (3) 19
members at large. The secretary shall also appoint two (2) members from a list of 20
five (5) names submitted by the Kentucky Education Association, two (2) members 21
from a list of five (5) names submitted by the largest state employee organization of 22
nonschool state employees, two (2) members from a list of five (5) names submitted 23
by the Kentucky Associa tion of Counties, two (2) members from a list of five (5) 24
names submitted by the Kentucky League of Cities, and two (2) members from a 25
list of names consisting of five (5) names submitted by each state employee 26
organization that has two thousand (2,000) or more members on state payroll 27
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deduction. The advisory committee shall be appointed in January of each year and 1
shall meet quarterly. 2
(10) Notwithstanding any other provision of law to the contrary, the policy or policies 3
provided to employees pursuant to this section shall not provide coverage for 4
obtaining or performing an abortion, nor shall any state funds be used for the 5
purpose of obtaining or performing an abortion on behalf of employees or their 6
dependents. 7
(11) Interruption of an established treatm ent regime with maintenance drugs shall be 8
grounds for an insured to appeal a formulary change through the established appeal 9
procedures approved by the Department of Insurance, if the physician supervising 10
the treatment certifies that the change is not in the best interests of the patient. 11
(12) Any employee who is eligible for and elects to participate in the state health 12
insurance program as a retiree, or the spouse or beneficiary of a retiree, under any 13
one (1) of the state-sponsored retirement systems shall not be eligible to receive the 14
state health insurance contribution toward health care coverage as a result of any 15
other employment for which there is a public employer contribution. This does not 16
preclude a retiree and an active employee spouse from u sing both contributions to 17
the extent needed for purchase of one (1) state sponsored health insurance policy 18
for that plan year. 19
(13) (a) The policies of health insurance coverage procured under subsection (2) of 20
this section shall include a mail -order drug option for maintenance drugs for 21
state employees. Maintenance drugs may be dispensed by mail order in 22
accordance with Kentucky law. 23
(b) A health insurer shall not discriminate against any retail pharmacy located 24
within the geographic coverage area of the health benefit plan and that meets 25
the terms and conditions for participation established by the insurer, including 26
price, dispensing fee, and copay requirements of a mail -order option. The 27
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retail pharmacy shall not be required to dispense by mail. 1
(c) The mail -order option shall not permit the dispensing of a controlled 2
substance classified in Schedule II. 3
(14) The policy or policies provided to state employees or their dependents pursuant to 4
this section shall provide coverage for obtaining a hearing aid and acquiring hearing 5
aid-related services for insured individuals under eighteen (18) years of age, subject 6
to a cap of one thousand four hundred dollars ($1,400) every thirty -six (36) months 7
pursuant to KRS 304.17A-132. 8
(15) Any policy provided to sta te employees or their dependents pursuant to this section 9
shall provide coverage for the diagnosis and treatment of autism spectrum disorders 10
consistent with KRS 304.17A-142. 11
(16) Any policy provided to state employees or their dependents pursuant to this section 12
shall provide coverage for obtaining amino acid -based elemental formula pursuant 13
to KRS 304.17A-258. 14
(17) If a state employee's residence and place of employment are in the same county, 15
and if the hospital located within that county does not offer surgical services, 16
intensive care services, obstetrical services, level II neonatal services, diagnostic 17
cardiac catheterization services, and magnetic resonance imaging services, the 18
employee may select a plan available in a contiguous county that does pr ovide 19
those services, and the state contribution for the plan shall be the amount available 20
in the county where the plan selected is located. 21
(18) If a state employee's residence and place of employment are each located in 22
counties in which the hospitals d o not offer surgical services, intensive care 23
services, obstetrical services, level II neonatal services, diagnostic cardiac 24
catheterization services, and magnetic resonance imaging services, the employee 25
may select a plan available in a county contiguous to the county of residence that 26
does provide those services, and the state contribution for the plan shall be the 27
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amount available in the county where the plan selected is located. 1
(19) The Personnel Cabinet is encouraged to study whether it is fair and re asonable and 2
in the best interests of the state group to allow any carrier bidding to offer health 3
care coverage under this section to submit bids that may vary county by county or 4
by larger geographic areas. 5
(20) Notwithstanding any other provision of thi s section, the bid for proposals for health 6
insurance coverage for calendar year 2004 shall include a bid scenario that reflects 7
the statewide rating structure provided in calendar year 2003 and a bid scenario that 8
allows for a regional rating structure th at allows carriers to submit bids that may 9
vary by region for a given product offering as described in this subsection: 10
(a) The regional rating bid scenario shall not include a request for bid on a 11
statewide option; 12
(b) The Personnel Cabinet shall divide t he state into geographical regions which 13
shall be the same as the partnership regions designated by the Department for 14
Medicaid Services for purposes of the Kentucky Health Care Partnership 15
Program established pursuant to 907 KAR 1:705; 16
(c) The request for proposal shall require a carrier's bid to include every county 17
within the region or regions for which the bid is submitted and include but not 18
be restricted to a preferred provider organization (PPO) option; 19
(d) If the Personnel Cabinet accepts a carrier' s bid, the cabinet shall award the 20
carrier all of the counties included in its bid within the region. If the Personnel 21
Cabinet deems the bids submitted in accordance with this subsection to be in 22
the best interests of state employees in a region, the cabin et may award the 23
contract for that region to no more than two (2) carriers; and 24
(e) Nothing in this subsection shall prohibit the Personnel Cabinet from including 25
other requirements or criteria in the request for proposal. 26
(21) Any fully insured health ben efit plan or self -insured plan issued or renewed on or 27
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after July 12, 2006, to public employees pursuant to this section which provides 1
coverage for services rendered by a physician or osteopath duly licensed under KRS 2
Chapter 311 that are within the scope of practice of an optometrist duly licensed 3
under the provisions of KRS Chapter 320 shall provide the same payment of 4
coverage to optometrists as allowed for those services rendered by physicians or 5
osteopaths. 6
(22) Any fully insured health benefit plan o r self -insured plan issued or renewed to 7
public employees pursuant to this section shall comply with: 8
(a) KRS 304.12-237; 9
(b) KRS 304.17A-270 and 304.17A-525; 10
(c) KRS 304.17A-600 to 304.17A-633; 11
(d) KRS 205.593; 12
(e) KRS 304.17A-700 to 304.17A-730; 13
(f) KRS 304.14-135; 14
(g) KRS 304.17A-580 and 304.17A-641; 15
(h) KRS 304.99-123; 16
(i) KRS 304.17A-138; 17
(j) KRS 304.17A-148; 18
(k) KRS 304.17A-163 and 304.17A-1631; 19
(l) KRS 304.17A-265; 20
(m) KRS 304.17A-261; 21
(n) KRS 304.17A-262; 22
(o) KRS 304.17A-145; 23
(p) KRS 304.17A-129; 24
(q) KRS 304.17A-133; 25
(r) KRS 304.17A-264;[ and] 26
(s) Section 1 of this Act; and 27
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(t) Administrative regulations promulgated pursuant to statutes listed in this 1
subsection. 2
(23) (a) Any fully insured health benefit plan or self-insured plan issued or renewed to 3
public employees pursuant to this section shall provide a special enrollment 4
period to pregnant women who are eligible for coverage in accordance with 5
the requirements set forth in KRS 304.17-182. 6
(b) The Department of Employee Insuranc e shall, at or before the time a public 7
employee is initially offered the opportunity to enroll in the plan or coverage, 8
provide the employee a notice of the special enrollment rights under this 9
subsection. 10
Section 5. Th is Act applies to health plans issued or renewed on or after 11
January 1, 2027. 12
Section 6. This Act takes effect January 1, 2027. 13