UNOFFICIAL COPY 23 RS BR 921 Page 1 of 16 XXXX 12/28/2022 1:21 PM Jacketed AN ACT relating to coverage for the treatment of postpartum mood disorders. 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) "FDA" means the United States Food and Drug Administration; and 6 (b) "Health benefit plan" has the same meaning as in KRS 304.17A-005, 7 except that for purposes of this section, the term includes student health 8 insurance offered by a Kentucky-licensed insurer under written contract 9 with a university or college whose students it proposes to insure. 10 (2) Subject to subsection (3) of this section, a health benefit plan shall provide 11 coverage for all FDA-approved prescription drugs for the treatment of 12 postpartum mood disorders. 13 (3) (a) For the coverage required under this section, a health benefit plan shall 14 cover either: 15 1. The original FDA-approved prescription drug; or 16 2. At least one (1) therapeutic equivalent of the original FDA-approved 17 prescription drug if the FDA has designated a therapeutic equivalent 18 of the original FDA-approved prescription drug. 19 (b) The coverage required under this section shall include but not be limited to 20 any cost associated with the administration of the prescription drug, 21 including a stay in a health facility. 22 Section 2. KRS 164.2871 (Effective January 1, 2023) is amended to read as 23 follows: 24 (1) The governing board of each state postsecondary educational institution is 25 authorized to purchase liability insurance for the protection of the individual 26 members of the governing board, faculty, and staff of such institutions from liability 27 UNOFFICIAL COPY 23 RS BR 921 Page 2 of 16 XXXX 12/28/2022 1:21 PM Jacketed for acts and omissions committed in the course and scope of the individual's 1 employment or service. Each institution may purchase the type and amount of 2 liability coverage deemed to best serve the interest of such institution. 3 (2) All retirement annuity allowances accrued or accruing to any employee of a state 4 postsecondary educational institution through a retirement program sponsored by 5 the state postsecondary educational institution are hereby exempt from any state, 6 county, or municipal tax, and shall not be subject to execution, attachment, 7 garnishment, or any other process whatsoever, nor shall any assignment thereof be 8 enforceable in any court. Except retirement benefits accrued or accruing to any 9 employee of a state postsecondary educational institution through a retirement 10 program sponsored by the state postsecondary educational institution on or after 11 January 1, 1998, shall be subject to the tax imposed by KRS 141.020, to the extent 12 provided in KRS 141.010 and 141.0215. 13 (3) Except as provided in KRS Chapter 44, the purchase of liability insurance for 14 members of governing boards, faculty and staff of institutions of higher education 15 in this state shall not be construed to be a waiver of sovereign immunity or any 16 other immunity or privilege. 17 (4) The governing board of each state postsecondary education institution is authorized 18 to provide a self-insured employer group health plan to its employees, which plan 19 shall: 20 (a) Conform to the requirements of Subtitle 32 of KRS Chapter 304; and 21 (b) Except as provided in subsection (5) of this section, be exempt from 22 conformity with Subtitle 17A of KRS Chapter 304. 23 (5) A self-insured employer group health plan provided by the governing board of a 24 state postsecondary education institution to its employees shall comply with: 25 (a) Section 1 of this Act; and 26 (b) KRS 304.17A-163 and 304.17A-1631. 27 UNOFFICIAL COPY 23 RS BR 921 Page 3 of 16 XXXX 12/28/2022 1:21 PM Jacketed Section 3. KRS 205.522 (Effective January 1, 2023) is amended to read as 1 follows: 2 (1) The Department for Medicaid Services and any managed care organization 3 contracted to provide Medicaid benefits pursuant to this chapter shall comply with 4 the provisions of Section 1 of this Act and KRS 304.17A-163, 304.17A-1631, 5 304.17A-167, 304.17A-235, 304.17A-257, 304.17A-259, 304.17A-515, 304.17A-6 580, 304.17A-600, 304.17A-603, 304.17A-607, and 304.17A-740 to 304.17A-743, 7 as applicable. 8 (2) A managed care organization contracted to provide Medicaid benefits pursuant to 9 this chapter shall comply with the reporting requirements of KRS 304.17A-732. 10 Section 4. KRS 205.6485 (Effective January 1, 2023) is amended to read as 11 follows: 12 (1) The Cabinet for Health and Family Services shall prepare a state child health plan 13 meeting the requirements of Title XXI of the Federal Social Security Act, for 14 submission to the Secretary of the United States Department of Health and Human 15 Services within such time as will permit the state to receive the maximum amounts 16 of federal matching funds available under Title XXI. The cabinet shall, by 17 administrative regulation promulgated in accordance with KRS Chapter 13A, 18 establish the following: 19 (a) The eligibility criteria for children covered by the Kentucky Children's Health 20 Insurance Program. However, no person eligible for services under Title XIX 21 of the Social Security Act, 42 U.S.C. secs. 1396 to 1396v, as amended, shall 22 be eligible for services under the Kentucky Children's Health Insurance 23 Program except to the extent that Title XIX coverage is expanded by KRS 24 205.6481 to 205.6495 and KRS 304.17A-340; 25 (b) The schedule of benefits to be covered by the Kentucky Children's Health 26 Insurance Program, which shall include preventive services, vision services 27 UNOFFICIAL COPY 23 RS BR 921 Page 4 of 16 XXXX 12/28/2022 1:21 PM Jacketed including glasses, and dental services including at least sealants, extractions, 1 and fillings, and which shall be at least equivalent to one (1) of the following: 2 1. The standard Blue Cross/Blue Shield preferred provider option under 3 the Federal Employees Health Benefit Plan established by 5 U.S.C. sec. 4 8903(1); 5 2. A mid-range health benefit coverage plan that is offered and generally 6 available to state employees; or 7 3. Health insurance coverage offered by a health maintenance organization 8 that has the largest insured commercial, non-Medicaid enrollment of 9 covered lives in the state; 10 (c) The premium contribution per family of health insurance coverage available 11 under the Kentucky Children's Health Insurance Program with provisions for 12 the payment of premium contributions by families of children eligible for 13 coverage by the program based upon a sliding scale relating to family income. 14 Premium contributions shall be based on a six (6) month period not to exceed: 15 1. Ten dollars ($10), to be paid by a family with income between one 16 hundred percent (100%) to one hundred thirty-three percent (133%) of 17 the federal poverty level; 18 2. Twenty dollars ($20), to be paid by a family with income between one 19 hundred thirty-four percent (134%) to one hundred forty-nine percent 20 (149%) of the federal poverty level; and 21 3. One hundred twenty dollars ($120), to be paid by a family with income 22 between one hundred fifty percent (150%) to two hundred percent 23 (200%) of the federal poverty level, and which may be made on a partial 24 payment plan of twenty dollars ($20) per month or sixty dollars ($60) 25 per quarter; 26 (d) There shall be no copayments for services provided under the Kentucky 27 UNOFFICIAL COPY 23 RS BR 921 Page 5 of 16 XXXX 12/28/2022 1:21 PM Jacketed Children's Health Insurance Program; and 1 (e) The criteria for health services providers and insurers wishing to contract with 2 the Commonwealth to provide the children's health insurance coverage. 3 However, the cabinet shall provide, in any contracting process for the 4 preventive health insurance program, the opportunity for a public health 5 department to bid on preventive health services to eligible children within the 6 public health department's service area. A public health department shall not 7 be disqualified from bidding because the department does not currently offer 8 all the services required by paragraph (b) of this subsection. The criteria shall 9 be set forth in administrative regulations under KRS Chapter 13A and shall 10 maximize competition among the providers and insurers. The Cabinet for 11 Finance and Administration shall provide oversight over contracting policies 12 and procedures to assure that the number of applicants for contracts is 13 maximized. 14 (2) Within twelve (12) months of federal approval of the state's Title XXI child health 15 plan, the Cabinet for Health and Family Services shall assure that a KCHIP 16 program is available to all eligible children in all regions of the state. If necessary, 17 in order to meet this assurance, the cabinet shall institute its own program. 18 (3) KCHIP recipients shall have direct access without a referral from any gatekeeper 19 primary care provider to dentists for covered primary dental services and to 20 optometrists and ophthalmologists for covered primary eye and vision services. 21 (4) The Kentucky Children's Health Insurance Program[Plan] shall comply with: 22 (a) Section 1 of this Act; and 23 (b) KRS 304.17A-163 and 304.17A-1631. 24 Section 5. KRS 18A.225 (Effective January 1, 2023) is amended to read as 25 follows: 26 (1) (a) The term "employee" for purposes of this section means: 27 UNOFFICIAL COPY 23 RS BR 921 Page 6 of 16 XXXX 12/28/2022 1:21 PM Jacketed 1. Any person, including an elected public official, who is regularly 1 employed by any department, office, board, agency, or branch of state 2 government; or by a public postsecondary educational institution; or by 3 any city, urban-county, charter county, county, or consolidated local 4 government, whose legislative body has opted to participate in the state-5 sponsored health insurance program pursuant to KRS 79.080; and who 6 is either a contributing member to any one (1) of the retirement systems 7 administered by the state, including but not limited to the Kentucky 8 Retirement Systems, County Employees Retirement System, Kentucky 9 Teachers' Retirement System, the Legislators' Retirement Plan, or the 10 Judicial Retirement Plan; or is receiving a contractual contribution from 11 the state toward a retirement plan; or, in the case of a public 12 postsecondary education institution, is an individual participating in an 13 optional retirement plan authorized by KRS 161.567; or is eligible to 14 participate in a retirement plan established by an employer who ceases 15 participating in the Kentucky Employees Retirement System pursuant to 16 KRS 61.522 whose employees participated in the health insurance plans 17 administered by the Personnel Cabinet prior to the employer's effective 18 cessation date in the Kentucky Employees Retirement System; 19 2. Any certified or classified employee of a local board of education or a 20 public charter school as defined in KRS 160.1590; 21 3. Any elected member of a local board of education; 22 4. Any person who is a present or future recipient of a retirement 23 allowance from the Kentucky Retirement Systems, County Employees 24 Retirement System, Kentucky Teachers' Retirement System, the 25 Legislators' Retirement Plan, the Judicial Retirement Plan, or the 26 Kentucky Community and Technical College System's optional 27 UNOFFICIAL COPY 23 RS BR 921 Page 7 of 16 XXXX 12/28/2022 1:21 PM Jacketed retirement plan authorized by KRS 161.567, except that a person who is 1 receiving a retirement allowance and who is age sixty-five (65) or older 2 shall not be included, with the exception of persons covered under KRS 3 61.702(2)(b)3. and 78.5536(2)(b)3., unless he or she is actively 4 employed pursuant to subparagraph 1. of this paragraph; and 5 5. Any eligible dependents and beneficiaries of participating employees 6 and retirees who are entitled to participate in the state-sponsored health 7 insurance program; 8 (b) The term "health benefit plan" for the purposes of this section means a health 9 benefit plan as defined in KRS 304.17A-005; 10 (c) The term "insurer" for the purposes of this section means an insurer as defined 11 in KRS 304.17A-005; and 12 (d) The term "managed care plan" for the purposes of this section means a 13 managed care plan as defined in KRS 304.17A-500. 14 (2) (a) The secretary of the Finance and Administration Cabinet, upon the 15 recommendation of the secretary of the Personnel Cabinet, shall procure, in 16 compliance with the provisions of KRS 45A.080, 45A.085, and 45A.090, 17 from one (1) or more insurers authorized to do business in this state, a group 18 health benefit plan that may include but not be limited to health maintenance 19 organization (HMO), preferred provider organization (PPO), point of service 20 (POS), and exclusive provider organization (EPO) benefit plans 21 encompassing all or any class or classes of employees. With the exception of 22 employers governed by the provisions of KRS Chapters 16, 18A, and 151B, 23 all employers of any class of employees or former employees shall enter into 24 a contract with the Personnel Cabinet prior to including that group in the state 25 health insurance group. The contracts shall include but not be limited to 26 designating the entity responsible for filing any federal forms, adoption of 27 UNOFFICIAL COPY 23 RS BR 921 Page 8 of 16 XXXX 12/28/2022 1:21 PM Jacketed policies required for proper plan administration, acceptance of the contractual 1 provisions with health insurance carriers or third-party administrators, and 2 adoption of the payment and reimbursement methods necessary for efficient 3 administration of the health insurance program. Health insurance coverage 4 provided to state employees under this section shall, at a minimum, contain 5 the same benefits as provided under Kentucky Kare Standard as of January 1, 6 1994, and shall include a mail-order drug option as provided in subsection 7 (13) of this section. All employees and other persons for whom the health care 8 coverage is provided or made available shall annually be given an option to 9 elect health care coverage through a self-funded plan offered by the 10 Commonwealth or, if a self-funded plan is not available, from a list of 11 coverage options determined by the competitive bid process under the 12 provisions of KRS 45A.080, 45A.085, and 45A.090 and made available 13 during annual open enrollment. 14 (b) The policy or policies shall be approved by the commissioner of insurance 15 and may contain the provisions the commissioner of insurance approves, 16 whether or not otherwise permitted by the insurance laws. 17 (c) Any carrier bidding to offer health care coverage to employees shall agree to 18 provide coverage to all members of the state group, including active 19 employees and retirees and their eligible covered dependents and 20 beneficiaries, within the county or counties specified in its bid. Except as 21 provided in subsection (20) of this section, any carrier bidding to offer health 22 care coverage to employees shall also agree to rate all employees as a single 23 entity, except for those retirees whose former employers insure their active 24 employees outside the state-sponsored health insurance program and as 25 otherwise provided in KRS 61.702(2)(b)3.b. and 78.5536(2)(b)3.b. 26 (d) Any carrier bidding to offer health care coverage to employees shall agree to 27 UNOFFICIAL COPY 23 RS BR 921 Page 9 of 16 XXXX 12/28/2022 1:21 PM Jacketed provide enrollment, claims, and utilization data to the Commonwealth in a 1 format specified by the Personnel Cabinet with the understanding that the data 2 shall be owned by the Commonwealth; to provide data in an electronic form 3 and within a time frame specified by the Personnel Cabinet; and to be subject 4 to penalties for noncompliance with data reporting requirements as specified 5 by the Personnel Cabinet. The Personnel Cabinet shall take strict precautions 6 to protect the confidentiality of each individual employee; however, 7 confidentiality assertions shall not relieve a carrier from the requirement of 8 providing stipulated data to the Commonwealth. 9 (e) The Personnel Cabinet shall develop the necessary techniques and capabilities 10 for timely analysis of data received from carriers and, to the extent possible, 11 provide in the request-for-proposal specifics relating to data requirements, 12 electronic reporting, and penalties for noncompliance. The Commonwealth 13 shall own the enrollment, claims, and utilization data provided by each carrier 14 and shall develop methods to protect the confidentiality of the individual. The 15 Personnel Cabinet shall include in the October annual report submitted 16 pursuant to the provisions of KRS 18A.226 to the Governor, the General 17 Assembly, and the Chief Justice of the Supreme Court, an analysis of the 18 financial stability of the program, which shall include but not be limited to 19 loss ratios, methods of risk adjustment, measurements of carrier quality of 20 service, prescription coverage and cost management, and statutorily required 21 mandates. If state self-insurance was available as a carrier option, the report 22 also shall provide a detailed financial analysis of the self-insurance fund 23 including but not limited to loss ratios, reserves, and reinsurance agreements. 24 (f) If any agency participating in the state-sponsored employee health insurance 25 program for its active employees terminates participation and there is a state 26 appropriation for the employer's contribution for active employees' health 27 UNOFFICIAL COPY 23 RS BR 921 Page 10 of 16 XXXX 12/28/2022 1:21 PM Jacketed insurance coverage, then neither the agency nor the employees shall receive 1 the state-funded contribution after termination from the state-sponsored 2 employee health insurance program. 3 (g) Any funds in flexible spending accounts that remain after all reimbursements 4 have been processed shall be transferred to the credit of the state-sponsored 5 health insurance plan's appropriation account. 6 (h) Each entity participating in the state-sponsored health insurance program shall 7 provide an amount at least equal to the state contribution rate for the employer 8 portion of the health insurance premium. For any participating entity that used 9 the state payroll system, the employer contribution amount shall be equal to 10 but not greater than the state contribution rate. 11 (3) The premiums may be paid by the policyholder: 12 (a) Wholly from funds contributed by the employee, by payroll deduction or 13 otherwise; 14 (b) Wholly from funds contributed by any department, board, agency, public 15 postsecondary education institution, or branch of state, city, urban-county, 16 charter county, county, or consolidated local government; or 17 (c) Partly from each, except that any premium due for health care coverage or 18 dental coverage, if any, in excess of the premium amount contributed by any 19 department, board, agency, postsecondary education institution, or branch of 20 state, city, urban-county, charter county, county, or consolidated local 21 government for any other health care coverage shall be paid by the employee. 22 (4) If an employee moves his or her place of residence or employment out of the 23 service area of an insurer offering a managed health care plan, under which he or 24 she has elected coverage, into either the service area of another managed health care 25 plan or into an area of the Commonwealth not within a managed health care plan 26 service area, the employee shall be given an option, at the time of the move or 27 UNOFFICIAL COPY 23 RS BR 921 Page 11 of 16 XXXX 12/28/2022 1:21 PM Jacketed transfer, to change his or her coverage to another health benefit plan. 1 (5) No payment of premium by any department, board, agency, public postsecondary 2 educational institution, or branch of state, city, urban-county, charter county, 3 county, or consolidated local government shall constitute compensation to an 4 insured employee for the purposes of any statute fixing or limiting the 5 compensation of such an employee. Any premium or other expense incurred by any 6 department, board, agency, public postsecondary educational institution, or branch 7 of state, city, urban-county, charter county, county, or consolidated local 8 government shall be considered a proper cost of administration. 9 (6) The policy or policies may contain the provisions with respect to the class or classes 10 of employees covered, amounts of insurance or coverage for designated classes or 11 groups of employees, policy options, terms of eligibility, and continuation of 12 insurance or coverage after retirement. 13 (7) Group rates under this section shall be made available to the disabled child of an 14 employee regardless of the child's age if the entire premium for the disabled child's 15 coverage is paid by the state employee. A child shall be considered disabled if he or 16 she has been determined to be eligible for federal Social Security disability benefits. 17 (8) The health care contract or contracts for employees shall be entered into for a 18 period of not less than one (1) year. 19 (9) The secretary shall appoint thirty-two (32) persons to an Advisory Committee of 20 State Health Insurance Subscribers to advise the secretary or the secretary's 21 designee regarding the state-sponsored health insurance program for employees. 22 The secretary shall appoint, from a list of names submitted by appointing 23 authorities, members representing school districts from each of the seven (7) 24 Supreme Court districts, members representing state government from each of the 25 seven (7) Supreme Court districts, two (2) members representing retirees under age 26 sixty-five (65), one (1) member representing local health departments, two (2) 27 UNOFFICIAL COPY 23 RS BR 921 Page 12 of 16 XXXX 12/28/2022 1:21 PM Jacketed members representing the Kentucky Teachers' Retirement System, and three (3) 1 members at large. The secretary shall also appoint two (2) members from a list of 2 five (5) names submitted by the Kentucky Education Association, two (2) members 3 from a list of five (5) names submitted by the largest state employee organization of 4 nonschool state employees, two (2) members from a list of five (5) names submitted 5 by the Kentucky Association of Counties, two (2) members from a list of five (5) 6 names submitted by the Kentucky League of Cities, and two (2) members from a 7 list of names consisting of five (5) names submitted by each state employee 8 organization that has two thousand (2,000) or more members on state payroll 9 deduction. The advisory committee shall be appointed in January of each year and 10 shall meet quarterly. 11 (10) Notwithstanding any other provision of law to the contrary, the policy or policies 12 provided to employees pursuant to this section shall not provide coverage for 13 obtaining or performing an abortion, nor shall any state funds be used for the 14 purpose of obtaining or performing an abortion on behalf of employees or their 15 dependents. 16 (11) Interruption of an established treatment regime with maintenance drugs shall be 17 grounds for an insured to appeal a formulary change through the established appeal 18 procedures approved by the Department of Insurance, if the physician supervising 19 the treatment certifies that the change is not in the best interests of the patient. 20 (12) Any employee who is eligible for and elects to participate in the state health 21 insurance program as a retiree, or the spouse or beneficiary of a retiree, under any 22 one (1) of the state-sponsored retirement systems shall not be eligible to receive the 23 state health insurance contribution toward health care coverage as a result of any 24 other employment for which there is a public employer contribution. This does not 25 preclude a retiree and an active employee spouse from using both contributions to 26 the extent needed for purchase of one (1) state sponsored health insurance policy 27 UNOFFICIAL COPY 23 RS BR 921 Page 13 of 16 XXXX 12/28/2022 1:21 PM Jacketed for that plan year. 1 (13) (a) The policies of health insurance coverage procured under subsection (2) of 2 this section shall include a mail-order drug option for maintenance drugs for 3 state employees. Maintenance drugs may be dispensed by mail order in 4 accordance with Kentucky law. 5 (b) A health insurer shall not discriminate against any retail pharmacy located 6 within the geographic coverage area of the health benefit plan and that meets 7 the terms and conditions for participation established by the insurer, including 8 price, dispensing fee, and copay requirements of a mail-order option. The 9 retail pharmacy shall not be required to dispense by mail. 10 (c) The mail-order option shall not permit the dispensing of a controlled 11 substance classified in Schedule II. 12 (14) The policy or policies provided to state employees or their dependents pursuant to 13 this section shall provide coverage for obtaining a hearing aid and acquiring hearing 14 aid-related services for insured individuals under eighteen (18) years of age, subject 15 to a cap of one thousand four hundred dollars ($1,400) every thirty-six (36) months 16 pursuant to KRS 304.17A-132. 17 (15) Any policy provided to state employees or their dependents pursuant to this section 18 shall provide coverage for the diagnosis and treatment of autism spectrum disorders 19 consistent with KRS 304.17A-142. 20 (16) Any policy provided to state employees or their dependents pursuant to this section 21 shall provide coverage for obtaining amino acid-based elemental formula pursuant 22 to KRS 304.17A-258. 23 (17) If a state employee's residence and place of employment are in the same county, 24 and if the hospital located within that county does not offer surgical services, 25 intensive care services, obstetrical services, level II neonatal services, diagnostic 26 cardiac catheterization services, and magnetic resonance imaging services, the 27 UNOFFICIAL COPY 23 RS BR 921 Page 14 of 16 XXXX 12/28/2022 1:21 PM Jacketed employee may select a plan available in a contiguous county that does provide 1 those services, and the state contribution for the plan shall be the amount available 2 in the county where the plan selected is located. 3 (18) If a state employee's residence and place of employment are each located in 4 counties in which the hospitals do not offer surgical services, intensive care 5 services, obstetrical services, level II neonatal services, diagnostic cardiac 6 catheterization services, and magnetic resonance imaging services, the employee 7 may select a plan available in a county contiguous to the county of residence that 8 does provide those services, and the state contribution for the plan shall be the 9 amount available in the county where the plan selected is located. 10 (19) The Personnel Cabinet is encouraged to study whether it is fair and reasonable and 11 in the best interests of the state group to allow any carrier bidding to offer health 12 care coverage under this section to submit bids that may vary county by county or 13 by larger geographic areas. 14 (20) Notwithstanding any other provision of this section, the bid for proposals for health 15 insurance coverage for calendar year 2004 shall include a bid scenario that reflects 16 the statewide rating structure provided in calendar year 2003 and a bid scenario that 17 allows for a regional rating structure that allows carriers to submit bids that may 18 vary by region for a given product offering as described in this subsection: 19 (a) The regional rating bid scenario shall not include a request for bid on a 20 statewide option; 21 (b) The Personnel Cabinet shall divide the state into geographical regions which 22 shall be the same as the partnership regions designated by the Department for 23 Medicaid Services for purposes of the Kentucky Health Care Partnership 24 Program established pursuant to 907 KAR 1:705; 25 (c) The request for proposal shall require a carrier's bid to include every county 26 within the region or regions for which the bid is submitted and include but not 27 UNOFFICIAL COPY 23 RS BR 921 Page 15 of 16 XXXX 12/28/2022 1:21 PM Jacketed be restricted to a preferred provider organization (PPO) option; 1 (d) If the Personnel Cabinet accepts a carrier's bid, the cabinet shall award the 2 carrier all of the counties included in its bid within the region. If the Personnel 3 Cabinet deems the bids submitted in accordance with this subsection to be in 4 the best interests of state employees in a region, the cabinet may award the 5 contract for that region to no more than two (2) carriers; and 6 (e) Nothing in this subsection shall prohibit the Personnel Cabinet from including 7 other requirements or criteria in the request for proposal. 8 (21) Any fully insured health benefit plan or self-insured plan issued or renewed on or 9 after July 12, 2006, to public employees pursuant to this section which provides 10 coverage for services rendered by a physician or osteopath duly licensed under KRS 11 Chapter 311 that are within the scope of practice of an optometrist duly licensed 12 under the provisions of KRS Chapter 320 shall provide the same payment of 13 coverage to optometrists as allowed for those services rendered by physicians or 14 osteopaths. 15 (22) Any fully insured health benefit plan or self-insured plan issued or renewed to 16 public employees pursuant to this section shall comply with: 17 (a) KRS 304.12-237; 18 (b) KRS 304.17A-270 and 304.17A-525; 19 (c) KRS 304.17A-600 to 304.17A-633; 20 (d) KRS 205.593; 21 (e) KRS 304.17A-700 to 304.17A-730; 22 (f) KRS 304.14-135; 23 (g) KRS 304.17A-580 and 304.17A-641; 24 (h) KRS 304.99-123; 25 (i) KRS 304.17A-138; 26 (j) KRS 304.17A-148; 27 UNOFFICIAL COPY 23 RS BR 921 Page 16 of 16 XXXX 12/28/2022 1:21 PM Jacketed (k) KRS 304.17A-163 and 304.17A-1631;[ and] 1 (l) Section 1 of this Act; and 2 (m) Administrative regulations promulgated pursuant to statutes listed in this 3 subsection. 4 Section 6. This Act shall apply to health benefit plans issued or renewed on or 5 after the effective date of this section. 6 Section 7. This Act takes effect January 1, 2024. 7