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Kentucky General Assembly· HB 184signed by Governor (Acts Ch. 27)

An act relating to health savings account-qualified insurance plans., the official text

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UNOFFICIAL COPY                                          26 RS HB 184/GA

1   AN ACT relating to health savings account-qualified insurance plans.

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

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

4 CREATED TO READ AS FOLLOWS:

5 (1) As used in this section:

6   (a) "Cost-sharing requirement" means a:

7   1. Prohibition outright on the imposition of any deductible, copayment,

8   coinsurance, or other out-of-pocket expense, other than premiums,

9   under a health insurance policy, certificate, plan, or contract; or

10  2. Limitation on the amount of any deductible, copayment, coinsurance,

11  or other out-of-pocket expense, other than premiums, that is imposed

12  under a health insurance policy, certificate, plan, or contract;

13  (b) "Enrollee":

14  1. Means an individual who is enrolled in health insurance, whether on

15  an individual or a group basis; and

16  2. Includes any covered dependent of an individual referenced in

17  subparagraph 1. of this paragraph; and

18  (c) "Health savings account-qualified insurance plan" means a high

19  deductible health plan that covers individuals who may be entitled to receive

20  certain tax benefits under 26 U.S.C. sec. 223, as amended, with respect to

21  contributions made to a health savings account.

22 (2) If, under federal law, the application of any cost-sharing requirement in this

23  chapter or any other state law would cause an enrollee's health savings account-

24  qualified insurance plan to no longer qualify as a high deductible health plan

25  under 26 U.S.C. sec. 223, as amended, then the cost-sharing requirement shall

26  only apply to the enrollee's plan once the minimum deductible under 26 U.S.C.

27  sec. 223, as amended, has been satisfied.

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    UNOFFICIAL COPY                                                        26 RS HB 184/GA

1 (3) In the event of a conflict between this section and any other state law, this section

2   shall control.

3   SECTION 2. A NEW SECTION OF KRS CHAPTER 18A IS CREATED TO

4 READ AS FOLLOWS:

5 Notwithstanding any provision of this chapter to the contrary, the cost-sharing

6 requirements in this chapter shall be subject to Section 1 of this Act.

7   Section 3. Sections 1 and 2 of this Act apply to policies, certificates, plans, and

8 contracts issued or renewed on or after the effective date of this Act.

9   Section 4. The purpose of Section 1 of this Act is to protect the efficacy of

10 Health Savings Account-qualified insurance plans in this state by establishing a safe

11 harbor from state benefit mandates that would result in a health insurance policy,

12 certificate, plan, or contract losing its health savings account-qualified status under

13 federal law.

14  Section 5. Section 1 of this Act may be cited as the Health Savings Account

15 State-Federal Regulatory Coordination Model Act.

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