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AN ACT relating to reproductive health care. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
Section 1. KRS 205.592 is amended to read as follows: 3
[Beginning October 1, 1990, ]Pregnant women, regardless of legal immigration status, 4
and children up to age one (1) shall be eligible for participation in the Kentucky Medical 5
Assistance Program if: 6
(1) They have family income up to but not exceeding one hundred and eighty-five 7
percent (185%) of the nonfarm income official poverty guidelines as promulgated 8
by the Department of Health and Human Services of the United States as revised 9
annually; and 10
(2) They are otherwise eligible for the program. 11
SECTION 2. A NEW SECTION OF KRS CHAPTER 205 IS CREATED TO 12
READ AS FOLLOWS: 13
(1) As used in this section, unless the context requires otherwise: 14
(a) "Eligible individual" means an individual who: 15
1. Is not pregnant; 16
2. Has a family combined income up to, but not exceeding, two hundred 17
sixty percent (260%) of the nonfarm income official poverty guidelines 18
as promulgated by the United States Department of Health and 19
Human Services; and 20
3. a. Is eligible for the Kentucky Medical Assistance Program; or 21
b. Would otherwise be eligible for the Kentucky Medical Assistance 22
Program, except that the individual is not a citizen of the United 23
States and is not considered an eligible noncitizen pursuant to 8 24
U.S.C. sec. 1611 or 1612. 25
(b) "Family planning services" means all the following services, regardless of 26
an individual’s age, sex, or gender identity, or the age, sex, or gender 27 UNOFFICIAL COPY 22 RS BR 227
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identity of the individual’s partner, including but not limited to: 1
1. All contraceptive drugs, devices, and other products approved by the 2
United States Food and Drug Administration, including: 3
a. Over-the-counter contraceptive drugs, devices, and products; and 4
b. A twelve (12) month supply of self-administered contraceptive 5
drugs, devices, and supplies, unless the individual requests a 6
smaller supply or the prescribing provider restricts the enrollee 7
to a smaller supply; 8
2. Voluntary sterilization procedures, regardless of an individual’s sex; 9
3. Activities that enable individuals to determine the number and spacing 10
of their children and to select the means by which this may be 11
achieved; 12
4. The consultations, examinations, and medical services that are 13
necessary to prescribe, dispense, insert, deliver, distribute, administer, 14
or remove contraceptive drugs, devices, and other products; and 15
5. Follow-up visits to evaluate or manage problems associated with 16
contraceptive drugs, devices, or products; and 17
(c) "Family planning-related services" means educational, medical, and social 18
services, including but not limited: 19
1. Medically necessary evaluations or preventive services, such as 20
tobacco utilization screening, counseling, testing, and cessation 21
services; 22
2. Cervical cancer screening and prevention; 23
3. Diagnosis of treatment of a sexually transmitted infection and 24
medication and supplies to prevent a sexually transmitted infection; 25
and 26
4. Any other medical diagnosis, treatment, or preventive service that is 27 UNOFFICIAL COPY 22 RS BR 227
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routinely provided as part of a family planning visit. 1
(2) The Cabinet for Health and Family Services shall establish a family planning 2
program within the Department for Medicaid Services to provide family planning 3
services and family planning-related services to eligible individuals. 4
(3) In administering this program, the cabinet shall not: 5
(a) Infringe upon an eligible individual’s choice of contraceptive drug, device, 6
or product by requiring prior authorization, step therapy, or other 7
utilization control techniques for medically appropriate contraceptive drugs, 8
devices, or products approved by the United States Food and Drug 9
Administration; 10
(b) Impose any cost-sharing requirements for enrolled individuals; or 11
(c) Deny coverage based on sex, sexual orientation, or gender identity of the 12
eligible individual, or the sex, sexual orientation, or gender identity of the 13
eligible individual’s partner. 14
(4) The Department for Medicaid Services shall: 15
(a) Promulgate administrative regulations in accordance with KRS Chapter 16
13A, and amend any contract with a managed care organization as is 17
necessary, to implement this section; and 18
(b) Collaborate with the Division of Health Benefit Exchange within the 19
cabinet, health care consumer advocates, family planning providers, and 20
other interested stakeholders to establish a comprehensive community 21
education and outreach campaign to provide culturally and linguistically 22
accessible information to facilitate participation in the program, including 23
but not limited to enrollment procedures, program services, and benefit 24
utilization. 25
Section 3. If the Cabinet for Health and Family Services or the Department for 26
Medicaid Services determines that a waiver or any other authorization from a federal 27 UNOFFICIAL COPY 22 RS BR 227
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agency is necessary prior to the implementation of any provision of Sections 1 and 2 of 1
this Act, the cabinet or department shall, within 90 days after the effective date of this 2
Act, request the waiver or authorization and shall only delay full implementation of those 3
provisions for which a waiver or authorization was deemed necessary until the waiver or 4
authorization is granted. 5