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Back to HB 169
Kentucky General Assembly· HB 169signed by Governor (Acts Ch. 101)

An act relating to coverage for feeding or eating disorders., the official text

Shown verbatim: the complete text as captured from the official PDF posted by the Kentucky General Assembly, fetched 2026-09-25. Page and line markers are part of the official record; nothing is edited or removed. This is the current version. The official bill page.
UNOFFICIAL COPY                                               26 RS HB 169/GA

1   AN ACT relating to coverage for feeding or eating disorders.

2 Be it enacted by the General Assembly of the Commonwealth of Kentucky:

3   SECTION 1. A NEW SECTION OF SUBTITLE 17A OF KRS CHAPTER 304

4 IS CREATED TO READ AS FOLLOWS:

5 As used in Sections 1 to 3 of this Act:

6 (1) "Feeding or eating disorder":

7   (a) Has the same meaning as in the most recent version of the Diagnostic and

8   Statistical Manual of Mental Disorders; and

9   (b) Includes:

10  1. Anorexia nervosa;

11  2. Bulimia nervosa;

12  3. Atypical anorexia nervosa;

13  4. Binge-eating disorder; and

14  5. Any other feeding or eating disorder specified in the most recent

15  version of the Diagnostic and Statistical Manual of Mental Disorders;

16  and

17 (2) "Health plan":

18  (a) Means any health insurance policy, certificate, contract, or plan that offers

19  or provides behavioral or mental health coverage:

20  1. By direct payment, reimbursement, or otherwise; and

21  2. On a fully insured or self-insured basis or any combination thereof;

22  and

23  (b) Includes:

24  1. A health benefit plan; and

25  2. Student health insurance offered by a Kentucky-licensed insurer

26  under written contract with a university or college whose students it

27  proposes to insure.

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1   SECTION 2. A NEW SECTION OF SUBTITLE 17A OF KRS CHAPTER 304

2 IS CREATED TO READ AS FOLLOWS:

3 A health plan shall provide coverage for the diagnosis and treatment of feeding or

4 eating disorders.

5   SECTION 3. A NEW SECTION OF SUBTITLE 17A OF KRS CHAPTER 304

6 IS CREATED TO READ AS FOLLOWS:

7 An insurer that offers or provides coverage for the treatment of a diagnosed feeding or

8 eating disorder under a health plan:

9 (1) Shall not utilize any of the following standards as the sole reason for denying,

10  limiting, or restricting the coverage:

11  (a) Body mass index;

12  (b) Ideal body weight; or

13  (c) Any other standard requiring an achieved weight; and

14 (2) May consider the following factors when determining the medical necessity of a

15  treatment, or the appropriate level of care, for an individual with a diagnosed

16  feeding or eating disorder:

17  (a) Eating behaviors;

18  (b) The need for supervised meals and support interventions;

19  (c) Laboratory results of heart rate, renal or cardiovascular activity, and blood

20  pressure;

21  (d) Recovery environment; and

22  (e) Co-occurring disorders.

23  Section 4. KRS 304.17C-125 is amended to read as follows:

24 The following shall apply to limited health service benefit plans, including any limited

25 health service contract[, as] defined in KRS 304.38A-010:

26 (1) KRS 304.17A-129;

27 (2) KRS 304.17A-262;[ and]

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    UNOFFICIAL COPY                                             26 RS HB 169/GA

1 (3) KRS 304.17A-591 to 304.17A-599; and

2 (4) Sections 1 to 3 of this Act.

3   Section 5. KRS 304.38A-115 is amended to read as follows:

4 Limited health service organizations shall comply with:

5 (1) KRS 304.17A-262;

6 (2) KRS 304.17A-265;[ and]

7 (3) KRS 304.17A-591 to 304.17A-599; and

8 (4) Sections 1 to 3 of this Act.

9   Section 6. KRS 205.522 is amended to read as follows:

10 (1) With respect to the administration and provision of Medicaid benefits pursuant to

11  this chapter, the Department for Medicaid Services, any managed care organization

12  contracted to provide Medicaid benefits pursuant to this chapter, and the state's

13  medical assistance program shall be subject to, and comply with, the following, as

14  applicable:

15  (a) KRS 304.17A-129;

16  (b) KRS 304.17A-145;

17  (c) KRS 304.17A-163;

18  (d) KRS 304.17A-1631;

19  (e) KRS 304.17A-167;

20  (f) KRS 304.17A-235;

21  (g) KRS 304.17A-257;

22  (h) KRS 304.17A-259;

23  (i) KRS 304.17A-263;

24  (j) KRS 304.17A-264;

25  (k) KRS 304.17A-515;

26  (l) KRS 304.17A-580;

27  (m) KRS 304.17A-600, 304.17A-603, and 304.17A-607;[ and]

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    UNOFFICIAL COPY                                                   26 RS HB 169/GA

1   (n) KRS 304.17A-740 to 304.17A-743; and

2   (o) Sections 1 to 3 of this Act.

3 (2) A managed care organization contracted to provide Medicaid benefits pursuant to

4   this chapter shall comply with the reporting requirements of KRS 304.17A-732.

5   Section 7. KRS 205.6485 is amended to read as follows:

6 (1) As used in this section, "KCHIP" means the Kentucky Children's Health Insurance

7   Program.

8 (2) The Cabinet for Health and Family Services shall:

9   (a) Prepare a state child health plan, known as KCHIP, meeting the requirements

10  of Title XXI of the Federal Social Security Act, for submission to the

11  Secretary of the United States Department of Health and Human Services

12  within such time as will permit the state to receive the maximum amounts of

13  federal matching funds available under Title XXI; and

14  (b) By administrative regulation promulgated in accordance with KRS Chapter

15  13A, establish the following:

16  1. The eligibility criteria for children covered by KCHIP, which shall

17            include a provision that no person eligible for services under Title XIX

18            of the Social Security Act, 42 U.S.C. secs. 1396 to 1396v, as amended,

19            shall be eligible for services under KCHIP, except to the extent that

20            Title XIX coverage is expanded by KRS 205.6481 to 205.6495 and KRS

21            304.17A-340;

22  2. The schedule of benefits to be covered by KCHIP, which shall:

23            a. Be at least equivalent to one (1) of the following:

24                   i. The standard Blue Cross/Blue Shield preferred provider

25                   option under the Federal Employees Health Benefit Plan

26                   established by 5 U.S.C. sec. 8903(1);

27                   ii. A mid-range health benefit coverage plan that is offered and

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    UNOFFICIAL COPY                                              26 RS HB 169/GA

1                    generally available to state employees; or

2                    iii. Health insurance coverage offered by a health maintenance

3                    organization that has the largest insured commercial, non-

4                    Medicaid enrollment of covered lives in the state; and

5   b. Comply with subsection (6) of this section;

6   3. The premium contribution per family for health insurance coverage

7   available under KCHIP, which shall be based:

8   a. On a six (6) month period; and

9   b. Upon a sliding scale relating to family income not to exceed:

10                   i. Ten dollars ($10), to be paid by a family with income

11                   between one hundred percent (100%) to one hundred thirty-

12                   three percent (133%) of the federal poverty level;

13                   ii. Twenty dollars ($20), to be paid by a family with income

14                   between one hundred thirty-four percent (134%) to one

15                   hundred forty-nine percent (149%) of the federal poverty

16                   level; and

17                   iii. One hundred twenty dollars ($120), to be paid by a family

18                   with income between one hundred fifty percent (150%) to

19                   two hundred percent (200%) of the federal poverty level, and

20                   which may be made on a partial payment plan of twenty

21                   dollars ($20) per month or sixty dollars ($60) per quarter;

22  4. There shall be no copayments for services provided under KCHIP; and

23  5. a. The criteria for health services providers and insurers wishing to

24                   contract with the Commonwealth to provide coverage under

25                   KCHIP.

26  b. The cabinet shall provide, in any contracting process for coverage

27                   of preventive services, the opportunity for a public health

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    UNOFFICIAL COPY                                           26 RS HB 169/GA

1                    department to bid on preventive health services to eligible children

2                    within the public health department's service area. A public health

3                    department shall not be disqualified from bidding because the

4                    department does not currently offer all the services required by

5                    this section. The criteria shall be set forth in administrative

6                    regulations under KRS Chapter 13A and shall maximize

7                    competition among the providers and insurers. The Finance and

8                    Administration Cabinet shall provide oversight over contracting

9                    policies and procedures to assure that the number of applicants for

10                   contracts is maximized.

11 (3) Within twelve (12) months of federal approval of the state's Title XXI child health

12  plan, the Cabinet for Health and Family Services shall assure that a KCHIP

13  program is available to all eligible children in all regions of the state. If necessary,

14  in order to meet this assurance, the cabinet shall institute its own program.

15 (4) KCHIP recipients shall have direct access without a referral from any gatekeeper

16  primary care provider to dentists for covered primary dental services and to

17  optometrists and ophthalmologists for covered primary eye and vision services.

18 (5) KCHIP shall comply with:

19  (a) KRS 304.17A-163 and 304.17A-1631; and

20  (b) Sections 1 to 3 of this Act.

21 (6) The schedule of benefits required under subsection (2)(b)2. of this section shall

22  include:

23  (a) Preventive services;

24  (b) Vision services, including glasses;

25  (c) Dental services, including sealants, extractions, and fillings; and

26  (d) The coverage required under:

27  1. KRS 304.17A-129;[ and]

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    UNOFFICIAL COPY                                           26 RS HB 169/GA

1           2. KRS 304.17A-145; and

2           3. Sections 1 to 3 of this Act.

3   Section 8. KRS 164.2871 is amended to read as follows:

4 (1) The governing board of each state postsecondary educational institution is

5   authorized to purchase liability insurance for the protection of the individual

6   members of the governing board, faculty, and staff of such institutions from liability

7   for acts and omissions committed in the course and scope of the individual's

8   employment or service. Each institution may purchase the type and amount of

9   liability coverage deemed to best serve the interest of such institution.

10 (2) All retirement annuity allowances accrued or accruing to any employee of a state

11  postsecondary educational institution through a retirement program sponsored by

12  the state postsecondary educational institution are hereby exempt from any state,

13  county, or municipal tax, and shall not be subject to execution, attachment,

14  garnishment, or any other process whatsoever, nor shall any assignment thereof be

15  enforceable in any court. Except retirement benefits accrued or accruing to any

16  employee of a state postsecondary educational institution through a retirement

17  program sponsored by the state postsecondary educational institution on or after

18  January 1, 1998, shall be subject to the tax imposed by KRS 141.020, to the extent

19  provided in KRS 141.010 and 141.0215.

20 (3) Except as provided in KRS Chapter 44, the purchase of liability insurance for

21  members of governing boards, faculty and staff of institutions of higher education

22  in this state shall not be construed to be a waiver of sovereign immunity or any

23  other immunity or privilege.

24 (4) The governing board of each state postsecondary education institution is authorized

25  to provide a self-insured employer group health plan to its employees, which plan

26  shall:

27  (a) Conform to the requirements of Subtitle 32 of KRS Chapter 304; and

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    UNOFFICIAL COPY                                                 26 RS HB 169/GA

1   (b) Except as provided in subsection (5) of this section, be exempt from

2   conformity with Subtitle 17A of KRS Chapter 304.

3 (5) A self-insured employer group health plan provided by the governing board of a

4   state postsecondary education institution to its employees shall comply with:

5   (a) KRS 304.17A-129;

6   (b) KRS 304.17A-133;

7   (c) KRS 304.17A-145;

8   (d) KRS 304.17A-163 and 304.17A-1631;

9   (e) KRS 304.17A-261;

10  (f) KRS 304.17A-262;

11  (g) KRS 304.17A-264;[ and]

12  (h) KRS 304.17A-265; and

13  (i) Sections 1 to 3 of this Act.

14 (6) (a) A self-insured employer group health plan provided by the governing board of

15  a state postsecondary education institution to its employees shall provide a

16  special enrollment period to pregnant women who are eligible for coverage in

17  accordance with the requirements set forth in KRS 304.17-182.

18  (b) The governing board of a state postsecondary education institution shall, at or

19  before the time an employee is initially offered the opportunity to enroll in the

20  plan or coverage, provide the employee a notice of the special enrollment

21  rights under this subsection.

22  Section 9. KRS 18A.225 is amended to read as follows:

23 (1) (a) The term "employee" for purposes of this section means:

24  1. Any person, including an elected public official, who is regularly

25  employed by any department, office, board, agency, or branch of state

26  government; or by a public postsecondary educational institution; or by

27  any city, urban-county, charter county, county, or consolidated local

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    UNOFFICIAL COPY                                           26 RS HB 169/GA

1   government, whose legislative body has opted to participate in the state-

2   sponsored health insurance program pursuant to KRS 79.080; and who

3   is either a contributing member to any one (1) of the retirement systems

4   administered by the state, including but not limited to the Kentucky

5   Retirement Systems, County Employees Retirement System, Kentucky

6   Teachers' Retirement System, the Legislators' Retirement Plan, or the

7   Judicial Retirement Plan; or is receiving a contractual contribution from

8   the state toward a retirement plan; or, in the case of a public

9   postsecondary education institution, is an individual participating in an

10  optional retirement plan authorized by KRS 161.567; or is eligible to

11  participate in a retirement plan established by an employer who ceases

12  participating in the Kentucky Employees Retirement System pursuant to

13  KRS 61.522 whose employees participated in the health insurance plans

14  administered by the Personnel Cabinet prior to the employer's effective

15  cessation date in the Kentucky Employees Retirement System;

16  2. Any certified or classified employee of a local board of education or a

17  public charter school as defined in KRS 160.1590;

18  3. Any elected member of a local board of education;

19  4. Any person who is a present or future recipient of a retirement

20  allowance from the Kentucky Retirement Systems, County Employees

21  Retirement System, Kentucky Teachers' Retirement System, the

22  Legislators' Retirement Plan, the Judicial Retirement Plan, or the

23  Kentucky Community and Technical College System's optional

24  retirement plan authorized by KRS 161.567, except that a person who is

25  receiving a retirement allowance and who is age sixty-five (65) or older

26  shall not be included, with the exception of persons covered under KRS

27  61.702(2)(b)3. and 78.5536(2)(b)3., unless he or she is actively

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    UNOFFICIAL COPY                                            26 RS HB 169/GA

1   employed pursuant to subparagraph 1. of this paragraph; and

2   5. Any eligible dependents and beneficiaries of participating employees

3   and retirees who are entitled to participate in the state-sponsored health

4   insurance program;

5   (b) The term "health benefit plan" for the purposes of this section means a health

6   benefit plan as defined in KRS 304.17A-005;

7   (c) The term "insurer" for the purposes of this section means an insurer as defined

8   in KRS 304.17A-005; and

9   (d) The term "managed care plan" for the purposes of this section means a

10  managed care plan as defined in KRS 304.17A-500.

11 (2) (a) The secretary of the Finance and Administration Cabinet, upon the

12  recommendation of the secretary of the Personnel Cabinet, shall procure, in

13  compliance with the provisions of KRS 45A.080, 45A.085, and 45A.090,

14  from one (1) or more insurers authorized to do business in this state, a group

15  health benefit plan that may include but not be limited to health maintenance

16  organization (HMO), preferred provider organization (PPO), point of service

17  (POS), and exclusive provider organization (EPO) benefit plans

18  encompassing all or any class or classes of employees. With the exception of

19  employers governed by the provisions of KRS Chapters 16, 18A, and 151B,

20  all employers of any class of employees or former employees shall enter into

21  a contract with the Personnel Cabinet prior to including that group in the state

22  health insurance group. The contracts shall include but not be limited to

23  designating the entity responsible for filing any federal forms, adoption of

24  policies required for proper plan administration, acceptance of the contractual

25  provisions with health insurance carriers or third-party administrators, and

26  adoption of the payment and reimbursement methods necessary for efficient

27  administration of the health insurance program. Health insurance coverage

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    UNOFFICIAL COPY                                            26 RS HB 169/GA

1   provided to state employees under this section shall, at a minimum, contain

2   the same benefits as provided under Kentucky Kare Standard as of January 1,

3   1994, and shall include a mail-order drug option as provided in subsection

4   (13) of this section. All employees and other persons for whom the health care

5   coverage is provided or made available shall annually be given an option to

6   elect health care coverage through a self-funded plan offered by the

7   Commonwealth or, if a self-funded plan is not available, from a list of

8   coverage options determined by the competitive bid process under the

9   provisions of KRS 45A.080, 45A.085, and 45A.090 and made available

10  during annual open enrollment.

11  (b) The policy or policies shall be approved by the commissioner of insurance

12  and may contain the provisions the commissioner of insurance approves,

13  whether or not otherwise permitted by the insurance laws.

14  (c) Any carrier bidding to offer health care coverage to employees shall agree to

15  provide coverage to all members of the state group, including active

16  employees and retirees and their eligible covered dependents and

17  beneficiaries, within the county or counties specified in its bid. Except as

18  provided in subsection (20) of this section, any carrier bidding to offer health

19  care coverage to employees shall also agree to rate all employees as a single

20  entity, except for those retirees whose former employers insure their active

21  employees outside the state-sponsored health insurance program and as

22  otherwise provided in KRS 61.702(2)(b)3.b. and 78.5536(2)(b)3.b.

23  (d) Any carrier bidding to offer health care coverage to employees shall agree to

24  provide enrollment, claims, and utilization data to the Commonwealth in a

25  format specified by the Personnel Cabinet with the understanding that the data

26  shall be owned by the Commonwealth; to provide data in an electronic form

27  and within a time frame specified by the Personnel Cabinet; and to be subject

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    UNOFFICIAL COPY                                            26 RS HB 169/GA

1   to penalties for noncompliance with data reporting requirements as specified

2   by the Personnel Cabinet. The Personnel Cabinet shall take strict precautions

3   to protect the confidentiality of each individual employee; however,

4   confidentiality assertions shall not relieve a carrier from the requirement of

5   providing stipulated data to the Commonwealth.

6   (e) The Personnel Cabinet shall develop the necessary techniques and capabilities

7   for timely analysis of data received from carriers and, to the extent possible,

8   provide in the request-for-proposal specifics relating to data requirements,

9   electronic reporting, and penalties for noncompliance. The Commonwealth

10  shall own the enrollment, claims, and utilization data provided by each carrier

11  and shall develop methods to protect the confidentiality of the individual. The

12  Personnel Cabinet shall include in the October annual report submitted

13  pursuant to the provisions of KRS 18A.226 to the Governor, the General

14  Assembly, and the Chief Justice of the Supreme Court, an analysis of the

15  financial stability of the program, which shall include but not be limited to

16  loss ratios, methods of risk adjustment, measurements of carrier quality of

17  service, prescription coverage and cost management, and statutorily required

18  mandates. If state self-insurance was available as a carrier option, the report

19  also shall provide a detailed financial analysis of the self-insurance fund

20  including but not limited to loss ratios, reserves, and reinsurance agreements.

21  (f) If any agency participating in the state-sponsored employee health insurance

22  program for its active employees terminates participation and there is a state

23  appropriation for the employer's contribution for active employees' health

24  insurance coverage, then neither the agency nor the employees shall receive

25  the state-funded contribution after termination from the state-sponsored

26  employee health insurance program.

27  (g) Any funds in flexible spending accounts that remain after all reimbursements

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    UNOFFICIAL COPY                                               26 RS HB 169/GA

1   have been processed shall be transferred to the credit of the state-sponsored

2   health insurance plan's appropriation account.

3   (h) Each entity participating in the state-sponsored health insurance program shall

4   provide an amount at least equal to the state contribution rate for the employer

5   portion of the health insurance premium. For any participating entity that used

6   the state payroll system, the employer contribution amount shall be equal to

7   but not greater than the state contribution rate.

8 (3) The premiums may be paid by the policyholder:

9   (a) Wholly from funds contributed by the employee, by payroll deduction or

10  otherwise;

11  (b) Wholly from funds contributed by any department, board, agency, public

12  postsecondary education institution, or branch of state, city, urban-county,

13  charter county, county, or consolidated local government; or

14  (c) Partly from each, except that any premium due for health care coverage or

15  dental coverage, if any, in excess of the premium amount contributed by any

16  department, board, agency, postsecondary education institution, or branch of

17  state, city, urban-county, charter county, county, or consolidated local

18  government for any other health care coverage shall be paid by the employee.

19 (4) If an employee moves his or her place of residence or employment out of the

20  service area of an insurer offering a managed health care plan, under which he or

21  she has elected coverage, into either the service area of another managed health care

22  plan or into an area of the Commonwealth not within a managed health care plan

23  service area, the employee shall be given an option, at the time of the move or

24  transfer, to change his or her coverage to another health benefit plan.

25 (5) No payment of premium by any department, board, agency, public postsecondary

26  educational institution, or branch of state, city, urban-county, charter county,

27  county, or consolidated local government shall constitute compensation to an

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    UNOFFICIAL COPY                                                  26 RS HB 169/GA

1   insured employee for the purposes of any statute fixing or limiting the

2   compensation of such an employee. Any premium or other expense incurred by any

3   department, board, agency, public postsecondary educational institution, or branch

4   of state, city, urban-county, charter county, county, or consolidated local

5   government shall be considered a proper cost of administration.

6 (6) The policy or policies may contain the provisions with respect to the class or classes

7   of employees covered, amounts of insurance or coverage for designated classes or

8   groups of employees, policy options, terms of eligibility, and continuation of

9   insurance or coverage after retirement.

10 (7) Group rates under this section shall be made available to the disabled child of an

11  employee regardless of the child's age if the entire premium for the disabled child's

12  coverage is paid by the state employee. A child shall be considered disabled if he or

13  she has been determined to be eligible for federal Social Security disability benefits.

14 (8) The health care contract or contracts for employees shall be entered into for a

15  period of not less than one (1) year.

16 (9) The secretary shall appoint thirty-two (32) persons to an Advisory Committee of

17  State Health Insurance Subscribers to advise the secretary or the secretary's

18  designee regarding the state-sponsored health insurance program for employees.

19  The secretary shall appoint, from a list of names submitted by appointing

20  authorities, members representing school districts from each of the seven (7)

21  Supreme Court districts, members representing state government from each of the

22  seven (7) Supreme Court districts, two (2) members representing retirees under age

23  sixty-five (65), one (1) member representing local health departments, two (2)

24  members representing the Kentucky Teachers' Retirement System, and three (3)

25  members at large. The secretary shall also appoint two (2) members from a list of

26  five (5) names submitted by the Kentucky Education Association, two (2) members

27  from a list of five (5) names submitted by the largest state employee organization of

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1   nonschool state employees, two (2) members from a list of five (5) names submitted

2   by the Kentucky Association of Counties, two (2) members from a list of five (5)

3   names submitted by the Kentucky League of Cities, and two (2) members from a

4   list of names consisting of five (5) names submitted by each state employee

5   organization that has two thousand (2,000) or more members on state payroll

6   deduction. The advisory committee shall be appointed in January of each year and

7   shall meet quarterly.

8 (10) Notwithstanding any other provision of law to the contrary, the policy or policies

9   provided to employees pursuant to this section shall not provide coverage for

10  obtaining or performing an abortion, nor shall any state funds be used for the

11  purpose of obtaining or performing an abortion on behalf of employees or their

12  dependents.

13 (11) Interruption of an established treatment regime with maintenance drugs shall be

14  grounds for an insured to appeal a formulary change through the established appeal

15  procedures approved by the Department of Insurance, if the physician supervising

16  the treatment certifies that the change is not in the best interests of the patient.

17 (12) Any employee who is eligible for and elects to participate in the state health

18  insurance program as a retiree, or the spouse or beneficiary of a retiree, under any

19  one (1) of the state-sponsored retirement systems shall not be eligible to receive the

20  state health insurance contribution toward health care coverage as a result of any

21  other employment for which there is a public employer contribution. This does not

22  preclude a retiree and an active employee spouse from using both contributions to

23  the extent needed for purchase of one (1) state sponsored health insurance policy

24  for that plan year.

25 (13) (a) The policies of health insurance coverage procured under subsection (2) of

26  this section shall include a mail-order drug option for maintenance drugs for

27  state employees. Maintenance drugs may be dispensed by mail order in

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    UNOFFICIAL COPY                                             26 RS HB 169/GA

1   accordance with Kentucky law.

2   (b) A health insurer shall not discriminate against any retail pharmacy located

3   within the geographic coverage area of the health benefit plan and that meets

4   the terms and conditions for participation established by the insurer, including

5   price, dispensing fee, and copay requirements of a mail-order option. The

6   retail pharmacy shall not be required to dispense by mail.

7   (c) The mail-order option shall not permit the dispensing of a controlled

8   substance classified in Schedule II.

9 (14) The policy or policies provided to state employees or their dependents pursuant to

10  this section shall provide coverage for obtaining a hearing aid and acquiring hearing

11  aid-related services for insured individuals under eighteen (18) years of age, subject

12  to a cap of one thousand four hundred dollars ($1,400) every thirty-six (36) months

13  pursuant to KRS 304.17A-132.

14 (15) Any policy provided to state employees or their dependents pursuant to this section

15  shall provide coverage for the diagnosis and treatment of autism spectrum disorders

16  consistent with KRS 304.17A-142.

17 (16) Any policy provided to state employees or their dependents pursuant to this section

18  shall provide coverage for obtaining amino acid-based elemental formula pursuant

19  to KRS 304.17A-258.

20 (17) If a state employee's residence and place of employment are in the same county,

21  and if the hospital located within that county does not offer surgical services,

22  intensive care services, obstetrical services, level II neonatal services, diagnostic

23  cardiac catheterization services, and magnetic resonance imaging services, the

24  employee may select a plan available in a contiguous county that does provide

25  those services, and the state contribution for the plan shall be the amount available

26  in the county where the plan selected is located.

27 (18) If a state employee's residence and place of employment are each located in

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    UNOFFICIAL COPY                                                     26 RS HB 169/GA

1   counties in which the hospitals do not offer surgical services, intensive care

2   services, obstetrical services, level II neonatal services, diagnostic cardiac

3   catheterization services, and magnetic resonance imaging services, the employee

4   may select a plan available in a county contiguous to the county of residence that

5   does provide those services, and the state contribution for the plan shall be the

6   amount available in the county where the plan selected is located.

7 (19) The Personnel Cabinet is encouraged to study whether it is fair and reasonable and

8   in the best interests of the state group to allow any carrier bidding to offer health

9   care coverage under this section to submit bids that may vary county by county or

10  by larger geographic areas.

11 (20) Notwithstanding any other provision of this section, the bid for proposals for health

12  insurance coverage for calendar year 2004 shall include a bid scenario that reflects

13  the statewide rating structure provided in calendar year 2003 and a bid scenario that

14  allows for a regional rating structure that allows carriers to submit bids that may

15  vary by region for a given product offering as described in this subsection:

16  (a) The regional rating bid scenario shall not include a request for bid on a

17  statewide option;

18  (b) The Personnel Cabinet shall divide the state into geographical regions which

19  shall be the same as the partnership regions designated by the Department for

20  Medicaid Services for purposes of the Kentucky Health Care Partnership

21  Program established pursuant to 907 KAR 1:705;

22  (c) The request for proposal shall require a carrier's bid to include every county

23  within the region or regions for which the bid is submitted and include but not

24  be restricted to a preferred provider organization (PPO) option;

25  (d) If the Personnel Cabinet accepts a carrier's bid, the cabinet shall award the

26  carrier all of the counties included in its bid within the region. If the Personnel

27  Cabinet deems the bids submitted in accordance with this subsection to be in

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    UNOFFICIAL COPY                                                 26 RS HB 169/GA

1   the best interests of state employees in a region, the cabinet may award the

2   contract for that region to no more than two (2) carriers; and

3   (e) Nothing in this subsection shall prohibit the Personnel Cabinet from including

4   other requirements or criteria in the request for proposal.

5 (21) Any fully insured health benefit plan or self-insured plan issued or renewed on or

6   after July 12, 2006, to public employees pursuant to this section which provides

7   coverage for services rendered by a physician or osteopath duly licensed under KRS

8   Chapter 311 that are within the scope of practice of an optometrist duly licensed

9   under the provisions of KRS Chapter 320 shall provide the same payment of

10  coverage to optometrists as allowed for those services rendered by physicians or

11  osteopaths.

12 (22) Any fully insured health benefit plan or self-insured plan issued or renewed to

13  public employees pursuant to this section shall comply with:

14  (a) KRS 304.12-237;

15  (b) KRS 304.17A-270 and 304.17A-525;

16  (c) KRS 304.17A-600 to 304.17A-633;

17  (d) KRS 205.593;

18  (e) KRS 304.17A-700 to 304.17A-730;

19  (f) KRS 304.14-135;

20  (g) KRS 304.17A-580 and 304.17A-641;

21  (h) KRS 304.99-123;

22  (i) KRS 304.17A-138;

23  (j) KRS 304.17A-148;

24  (k) KRS 304.17A-163 and 304.17A-1631;

25  (l) KRS 304.17A-265;

26  (m) KRS 304.17A-261;

27  (n) KRS 304.17A-262;

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    UNOFFICIAL COPY                                            26 RS HB 169/GA

1       (o) KRS 304.17A-145;

2       (p) KRS 304.17A-129;

3       (q) KRS 304.17A-133;

4       (r) KRS 304.17A-264;[ and]

5       (s) Sections 1 to 3 of this Act; and

6       (t) Administrative regulations promulgated pursuant to statutes listed in this

7       subsection.

8 (23) (a) Any fully insured health benefit plan or self-insured plan issued or renewed to

9       public employees pursuant to this section shall provide a special enrollment

10      period to pregnant women who are eligible for coverage in accordance with

11      the requirements set forth in KRS 304.17-182.

12      (b) The Department of Employee Insurance shall, at or before the time a public

13      employee is initially offered the opportunity to enroll in the plan or coverage,

14      provide the employee a notice of the special enrollment rights under this

15      subsection.

16      Section 10. Sections 1, 2, 3, 4, 5, 8, and 9 of this Act apply to health plans

17 issued or renewed on or after January 1, 2027.

18      Section 11. If the Cabinet for Health and Family Services or the Department for

19 Medicaid Services determines that a state plan amendment, waiver, or any other form of

20 authorization or approval from any federal agency to implement Section 6 or 7 of this Act

21 is necessary to prevent the loss of federal funds or to comply with federal law, the cabinet

22 or department:

23      (1) Shall, within 90 days after the effective date of this section, request the

24 necessary federal authorization or approval to implement Sections 6 and 7 of this Act;

25 and

26      (2) May only delay implementation of the provisions of Sections 6 and 7 of this

27 Act for which federal authorization or approval was deemed necessary until the federal

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    UNOFFICIAL COPY                                            26 RS HB 169/GA

1 authorization or approval is granted.

2   Section 12. Sections 6, 7, and 11 of this Act shall constitute the specific

3 authorization required under KRS 205.5372(1).

4   Section 13. The Department for Medicaid Services or the Cabinet for Health

5 and Family Services shall, in accordance with KRS 205.525, provide a copy of any state

6 plan amendment, waiver application, or other request for authorization or approval

7 submitted pursuant to Section 11 of this Act to the Legislative Research Commission for

8 referral to the Interim Joint Committees on Health Services and Appropriations and

9 Revenue and shall provide an update on the status of any application or request submitted

10 pursuant to Section 11 of this Act at the request of the Legislative Research Commission

11 or any committee thereof.

12  Section 14. Sections 1 to 10 of this Act take effect January 1, 2027.

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